Agro Chem Housing Co-operative Society Ltd v Lake Holdings (Kenya) Ltd & another (Land Case E018 of 2023) [2026] KEELC 4176 (KLR)

Order 1 Rule 10 confers a discretion to join a necessary party. The suit had already been heard and determined. The applicant relied on a sale agreement giving vacant possession only on full payment of the purchase price, with no evidence of full payment; the title exhibited was in the name of the defendant, not the applicant. His ownership interest, the foundation of necessity for joinder, was therefore not established.

The judgment concerned several parcels of land with no contest over the others. Setting aside the entire judgment would prejudice the plaintiff/decree holder's entitlement to execute against the other parcels. A targeted remedy, if any, could only lie in review confined to the specific parcel claimed.

The applicant had to show discovery of new and important matter, an error apparent on the face of the record, or other sufficient reason, without unreasonable delay. The court found none of these grounds disclosed, noting the defendant had denied selling the land to third parties, no proof of full payment of the purchase price, the title was in the defendant's name, and no proof of the photographs relating to the suit land.

The plaintiff argued the transfer to the applicant occurred in 2021 despite a purported 2010 agreement, and that the transfer was null and void, suggesting collusion to defeat execution. The court instead rested its decision on the applicant's failure to prove ownership and the absence of review grounds.