[2015] KEHC 4747 (KLR)

[2015] KEHC 4747 (KLR)

The court held that the central question in the suit—who between the First and Second Defendants was entitled to the reversionary interest—had already been conclusively determined by a consent judgment on 31st March, 2014. There were no pending proceedings in which the applicant could be joined as a necessary party. The doctrine of functus officio applied, as the court had fully discharged its duty in the matter and could not revisit or alter its decision absent an application to set aside the consent judgment on recognized grounds. Furthermore, the applicant's interest as a chargee was not adversely affected by the outcome, as its security derived from the Plaintiff's leasehold, which...

Citation
[2015] KEHC 4747 (KLR)
Parties
Plaintiff: UNEECO PAPER PRODUCTS LTD; Defendant: KENYA RAILWAYS CORPORATION LIMITED; Defendant: THE COMMISSIONER OF LANDS; Applicant: KENYA COMMERCIAL BANK LTD
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
29 May 2015
Case Number
Civil Case 293 of 2010
Procedural Posture
Civil Case / Ruling on Application for Joinder as Interested Party After Consent Judgment
Outcome
application dismissed with costs
Judges
MJA Emukule
Legal Topics
Joinder of Parties, Reversionary Interest, Consent Judgment, Functus Officio, Leasehold Vs Freehold, Mortgagee Rights
Source Language
English
Civil Procedure Land and Property Joinder of Parties Reversionary Interest Consent Judgment Functus Officio Leasehold Vs Freehold Mortgagee Rights

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Parties

UNEECO PAPER PRODUCTS LTD

Plaintiff

KENYA RAILWAYS CORPORATION LIMITED

Defendant

THE COMMISSIONER OF LANDS

Defendant

KENYA COMMERCIAL BANK LTD

Applicant

Procedural Posture

Civil Case / Ruling on Application for Joinder as Interested Party After Consent Judgment

Legal Issues

  1. 1 Whether the court is functus officio and thus unable to entertain the application for joinder.
  2. 2 Whether the applicant (Kenya Commercial Bank Ltd) is a necessary party to the proceedings at this stage.
  3. 3 Whether the applicant's interest in the suit property is or is likely to be adversely affected by the consent judgment.

Ratio Decidendi

The court held that the central question in the suit—who between the First and Second Defendants was entitled to the reversionary interest—had already been conclusively determined by a consent judgment on 31st March, 2014. There were no pending proceedings in which the applicant could be joined as a necessary party. The doctrine of functus officio applied, as the court had fully discharged its duty in the matter and could not revisit or alter its decision absent an application to set aside the consent judgment on recognized grounds. Furthermore, the applicant's interest as a chargee was not adversely affected by the outcome, as its security derived from the Plaintiff's leasehold, which...

Court Disposition

application dismissed with costs

Orders

  • The Notice of Motion dated 21st November, 2014 is dismissed with costs to the Plaintiff and Defendants.