[2018] KEELC 1001 (KLR)
The court held that the National Land Commission is not a necessary party to the suit because the Chief Land Registrar and the Attorney General, who are already parties, are sufficient for the court to grant an effective remedy and implement any orders regarding the suit property. The court found that the applicant...
Source-derived case information.
- Citation
- [2018] KEELC 1001 (KLR)
- Parties
- Plaintiff: Kul Want Singh Chadha; Defendant: Kenya Airports Authority; Defendant: Chief Land Registrar; Defendant: Attorney General; Intended 4th Defendant: National Land Commission
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 1264 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Joinder Application
- Outcome
- application dismissed with costs to the first defendant
- Judges
- EO Obaga
- Legal Topics
- Joinder of Parties, Necessary Parties, Title Legality, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kul Want Singh Chadha
Plaintiff
Kenya Airports Authority
Defendant
Chief Land Registrar
Defendant
Attorney General
Defendant
National Land Commission
Intended 4th Defendant
Procedural Posture
Miscellaneous Application / Ruling on Joinder Application
Legal Issues
- 1 Whether the National Land Commission is a necessary party to the suit for the effectual and complete adjudication of the dispute.
- 2 Whether the court can grant an effective remedy in the absence of the National Land Commission.
Ratio Decidendi
The court held that the National Land Commission is not a necessary party to the suit because the Chief Land Registrar and the Attorney General, who are already parties, are sufficient for the court to grant an effective remedy and implement any orders regarding the suit property. The court found that the applicant failed to demonstrate that there is a right to relief against the National Land Commission or that an effective decree could not be passed in its absence. Therefore, the application for joinder was dismissed as lacking merit.
Court Disposition
application dismissed with costs to the first defendant
Orders
- The application for joinder of the National Land Commission as 4th defendant is dismissed.
- Costs awarded to the first defendant.
Full Case Text
Judgment text and source record
22 paragraphs
IN THE REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAIROBI
ELC NO. 1264 OF 2015
KUL WANT SINGH CHADHA......................................PLAINTIFF/APPLICANT
VERSUS
KENYA AIRPORTS AUTHORITY & 2 OTHERS.........................DEFENDANTS
AND
THE NATIONAL LAND COMMISSIONS..........INTENDED 4TH DEFENDANT
RULING
1. The Plaintiff/applicant filed Notice of Motion dated 14th December 2017 in which he seeks joinder of the National Land Commission (NLC) as the 4th defendant in this suit. The applicant contends that the intended 4th defendant holds crucial records in respect of the suit property which information is critical in the effectual and complete adjudication of the suit herein. The applicant therefore contends that the joinder of NLC as a 4th defendant is necessary.
2. The first defendant has opposed the applicant’s application based on grounds filed in court on 27th April 2018. The first defendant contends that the intended 4th defendant is not a necessary party in the suit as the issues in this case can effectively adjudicated upon and settled without joinder of the proposed 4th defendant. The first defendant also contends that a look at the proposed amendment once the proposed 4th defendant is brought on board will unnecessarily bring in new issues which can await the outcome of the suit.
3. I have considered the application by the applicant as well as the opposition to the same by the first defendant. The court had directed parties to file written submissions. As at the time of writing this ruling, it is only the first defendant’s submissions which were on record. There are two tests for determining the question of who is a necessary party in a suit. Firstly, there must be a right to some relief against such a party in respect of the matter involved in the proceedings in question. Secondly, it should not be possible to pass an effective decree in the absence of such a party.
4. In the instant case, the issue in contention is the legality of a title which the applicant claims it has. The first defendant on the other hand contends that the title held by the applicant is invalid as the same was created from land belonging to it. The Chief Land Registrar has been sued as a defendant. Also sued as a defendant is the Attorney General. With the presence of the Chief Land Registrar and the Attorney General, the court can pass an effective remedy. There is therefore no need to enjoin the National Land Commission. The Chief land Registrar can implement any orders which will be issued by the court without necessarily bringing on board the NLC. I therefore find no merit in the applicant’s application which is hereby dismissed with costs to the first defendant.
It is so ordered.
Dated, Signed and delivered at Nairobi on this 11th day of October, 2018
E.O. OBAGA
JUDGE
In the absence of parties who were aware of date and time of delivery of Ruling
Court Assistant : Hilda
E.O. OBAGA
JUDGE