[2018] KEHC 5075 (KLR)
The court determined that since the orders sought by the applicant would directly affect the registered owner of the suit land, Malit Olet Soyiantet, it is mandatory under the rules of natural justice and procedural law that he be joined as a party to the proceedings. The application cannot proceed to substantive...
Source-derived case information.
- Citation
- [2018] KEHC 5075 (KLR)
- Parties
- Applicant: Family Bank Ltd; Respondent: District Land Registration Narok; Defendant: Malit Olet Soyiantet
- Court
- High Court
- Court Station
- High Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 5 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Preliminary Issue Regarding Joinder of Necessary Party
- Outcome
- Application stood over for joinder of necessary party.
- Legal Topics
- Joinder of Parties, Natural Justice, Land Registration, Discharge of Charge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Family Bank Ltd
Applicant
District Land Registration Narok
Respondent
Malit Olet Soyiantet
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Preliminary Issue Regarding Joinder of Necessary Party
Legal Issues
- 1 Whether the application can proceed in the absence of the registered owner of the suit land as a party.
- 2 Whether the rules of natural justice require the registered owner to be enjoined before substantive orders affecting his rights are made.
Ratio Decidendi
The court determined that since the orders sought by the applicant would directly affect the registered owner of the suit land, Malit Olet Soyiantet, it is mandatory under the rules of natural justice and procedural law that he be joined as a party to the proceedings. The application cannot proceed to substantive hearing or determination until the necessary party is enjoined, as any orders made in his absence would violate his right to be heard and would be contrary to fair trial principles.
Court Disposition
Application stood over for joinder of necessary party.
Orders
- The applicant is ordered to enjoin Malit Olet Soyiantet as a party to the application.
- The application to be set down for hearing after joinder.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAROK
MISC APPL. NO 5 OF 2018
FAMILY BANK LTD.............................................................................APPLICANT
VERSUS
DISTRICT LAND REGISTRATION NAROK...............................RESPONDENT
RULING
1. The applicant seeks three orders from this court. First, it seeks cancellation or revocation of a discharge of charge over land reference number CISMARA/ROTIAN/188. Second, an order to reinstate the charge in favour of the applicant. Third, an order in respect of costs of this application.
2. The application is by way of notice of motion dated 22nd March, 2018 and is based upon, among other laws, Order 51 of the 2010 Civil Procedure Rules, Sections 1A, 3 and 3A of the Civil Procedure Act, [Cap.21] Laws of Kenya and sections 78,80,85 and 88 of the Land Act of 2012.
3. The application is supported by the grounds set out on face of the notice of motion and a supporting affidavit of Antony Ouma, a senior legal officer with the applicant.
4. It is clear from the grounds set out in the notice of motion and the supporting affidavit that currently the above suit land is registered in the name of Malit Olet Soyiantent. It is also clear that the cancellation or revocation order that is sought will affect the registered owner.
Since the order sought will affect him, it is mandatory that he is made a party to the instant application in compliance with the rules of natural justices.
5. The upshot of the foregoing is that the applicant is hereby ordered to enjoin Malit Olet Soyiantet and thereafter have the application set down for hearing.
Ruling delivered in open court this 27th day of June, 2018
in the presence of
Mr. Kiongo holding brief for Mr. Onsare for the plaintiff.
J. M. BWONWONGA
JUDGE
27/6/2018