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ELCAllowedNot stated in judgment (application dated 14th December 2023 within a pending ELC suit)· [2024] KEELC 1413 (KLR)

Youth Limited v Kihiko & another; Kenya Railways Corporation (Intended Defendant) (Environment and Land Case Civil Suit 160 of 2019) [2024] KEELC 1413 (KLR)

Environment and Land Court
14 March 2024
OAO. A. Angote
2,251 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~9 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court ruled that Kenya Railways Corporation must join a land dispute because it owns the property, even though no claim was filed against it.

What this practically means

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Executive summary

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This is a ruling on a Chamber Summons dated 14th December 2023 by which Kenya Railways Corporation, as Intended Defendant, sought to be enjoined in a pending suit before the Environment and Land Court in Nairobi. The Applicant, through an affidavit of Phillip Mainga, deponed that it is the lessor and legal proprietor of the suit property, L.R No. 209/6445 in Nairobi, that it had discovered anomalies in the lease document relied upon by the Plaintiff, and that orders in the suit would affect its interest. It also cited related proceedings, Milimani ELC No. E392 of 2022 and an arbitration concerning the lease. The Plaintiff, through its Director Dr. Samuel Kamau Macharia, opposed the application, asserting that no cause of action was pleaded against the Applicant and that the dispute lay purely between the Plaintiff and the existing Defendants. Counsel for both sides filed submissions, the Applicant relying on Francis Karioki Muruatetu and Pravin Bowry, and the Ugandan authorities Deported Asians Custodian Board v Jaffer Brothers and Civicon Limited v Kivuwatt Limited. The court framed a single issue: whether the Intended Defendant ought to be joined. Applying Order 1 Rules 3 and 10(2) of the Civil Procedure Rules and the Civicon, Jaffer Brothers, Joseph Njau Kingori and Meme principles, the court found the Applicant to be a necessary party, noting the Plaintiff seeks a permanent injunction and eviction over property the Applicant owns and leases, and that the Applicant alleges anomalies in the lease sustaining a cause of action. The application was allowed: Kenya Railways Corporation was joined as 3rd Defendant, timelines for defence, counterclaim and responses were set, and each party was to bear its own costs.

Key legal issues

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Whether Kenya Railways Corporation is a necessary party to the suit

Holding

Yes; the Plaintiff seeks permanent injunction and eviction orders over property owned and leased by the Applicant, so its presence is necessary for complete settlement of all questions and it may sustain a cause of action against the Plaintiff on the lease

Reasoning

The court applied Order 1 Rule 10(2) and the Civicon and Jaffer Brothers principles. All parties acknowledged the Applicant is the legal owner and lessor of the suit property. The relief sought (permanent injunction and eviction over that property) would directly affect the Applicant's interests, and the Applicant alleged anomalies in the lease giving it a cause of action. Joinder also avoids multiplicity of suits given related proceedings.

p. 5

Legal principles established

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  • A party whose presence is necessary to enable the court effectually and completely adjudicate upon all questions in the suit may be joined under Order 1 Rule 10(2) even where no cause of action is pleaded against it
  • The power to order joinder is discretionary and must be exercised judicially in accordance with Order 1 Rule 10(2)

Court orders

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  1. 1.Kenya Railways Corporation is hereby joined in the instant suit as the 3rd Defendant
  2. 2.Kenya Railways Corporation to file its Defence and Counterclaim within 15 days of the delivery of this Ruling
  3. 3.The Plaintiff and the 1st and 2nd Defendants to file their responses to the Defence and Counterclaim within 14 days of service of the 3rd Defendant's Defence and Counterclaim
  4. 4.Each party will bear its/his own costs
Jurisdiction invoked
Order 1 Rule 10(2) of the Civil Procedure Rules, 2010

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (2)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Youth Limited v Kihiko & another; Kenya Railways Corporation (Intended Defendant) (Environment and Land Case Civil Suit 160 of 2019) [2024] KEELC 1413 (KLR)", Case Analysis (2024). Not stated in judgment (application dated 14th December 2023 within a pending ELC suit). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/1413/eng@2024-03-14

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.