[2020] KEHC 8101 (KLR)
The court determined that the application for injunction could not be fairly and fully adjudicated without the involvement of Muga Developers Limited, the registered owner of the suit property, and Equity Bank Limited, the chargee with a significant financial interest. The court found that any orders granted would...
Source-derived case information.
- Citation
- [2020] KEHC 8101 (KLR)
- Parties
- Plaintiff: China Wu-Yi (Kenya) Limited; Defendant: Suraya Property Group Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 76 of 2019
- Procedural Posture
- Injunction Application / Ruling on Interlocutory Application
- Outcome
- Application for injunction deferred pending determination of joinder application.
- Judges
- F Tuiyott
- Legal Topics
- Joinder of Parties, Interlocutory Injunctions, Interested Parties, Land Charges
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
China Wu-Yi (Kenya) Limited
Plaintiff
Suraya Property Group Limited
Defendant
Procedural Posture
Injunction Application / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the application for injunction can be determined without joining Muga Developers Limited and Equity Bank Limited as parties.
- 2 Whether the interests of parties holding proprietary or financial interests in the suit property must be considered before granting interlocutory relief.
Ratio Decidendi
The court determined that the application for injunction could not be fairly and fully adjudicated without the involvement of Muga Developers Limited, the registered owner of the suit property, and Equity Bank Limited, the chargee with a significant financial interest. The court found that any orders granted would directly affect these parties, and thus, in the interests of justice and procedural fairness, they must be joined or at least served with the pleadings to allow them an opportunity to participate. The court further held that the plaintiff's earlier application to join Muga Developers Limited should be heard and determined first, and all pleadings should be served on Equity Bank...
Court Disposition
Application for injunction deferred pending determination of joinder application.
Orders
- The application for joinder of Muga Developers Limited to be heard and determined before the injunction application.
- All pleadings, applications, and replies to be served upon Equity Bank Limited, who may elect to join as an interested party.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
COMMERCIAL & TAX DIVISION
HCCC NO. 76 OF 2019
CHINA WU-YI (KENYA) LIMITED …….....………… PLAINTIFF/APPLICANT
VERSUS
SURAYA PROPERTY GROUP LIMITED….......... DEFENDANT/RESPONDENT
RULING
1. The Notice of Motion dated 14th February 2019 was argued on 24th October 2019. Upon reading the Motion, affidavits in support and replying affidavit it has become clear that the Application for injunction sought cannot be fairly and fully adjudicated without the involvement of Muga Developers Limited and Equity Bank Limited.
2. The properties which are the subject of the Motion are either villas or apartments standing on LR No. 28233/33. A copy of the registration of title to that property is annexed to the replying affidavit of Peter Kiarie Muraya. Muga Developers Limited holds a 99 years lease over the said property and are currently the registered owners. As to Equity Bank Limited, they hold charges in the value of Kshs.1,762,000,000. 00 over the suit property. Any orders granted will certainly affect these two parties.
3. Indeed, perhaps in recognition of this, the Plaintiff had through a Notice of Motion dated 3rd July 2019 sought to amend its Plaint and the current Notice of Motion to join Muga Developers Limited. In fairness that application should be heard first. To this extent I revise the orders I had made on 4th July 2019 in which I had directed that the current application, of 14th February 2019, be disposed of first.
4. It is my further order that all pleadings herein, applications and replies be served upon Equity Bank Limited who may then elect whether to join the fray as an interested party.
Dated, Signed and Delivered in Court at Nairobi this 24th Day of January 2020
F. TUIYOTT
JUDGE
PRESENT;
Gichoi for Munyalo for Plaintiff
No appearance for Defendant
Court Assistant: Nixon