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The High Court dismissed a land suit as res judicata, holding that ownership of the disputed plot had already been finally determined in an earlier case.
The application is constructively res judicata due to non-joinder of Kuringe Real Estate Company, the necessary party, and because the subject matter and parties are substantially the same as in the previous suit which was dismissed for want of prosecution. Dismissal for want of prosecution bars subsequent proceedings on the same cause of action and subject matter. The preliminary objections are upheld and the application is dismissed with costs.
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The District Land and Housing Tribunal erred in dismissing the application for non-joinder of the Kenyana Village Council as a necessary party because neither the pleadings nor the respondents' claims established the village council as a necessary party. The dismissal was premature and not justified by the facts or law. The trial Chairman should have ascertained necessity before dismissal, and the law allows for joinder at any stage if justice requires.
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The applicants failed to show sufficient cause for the delay, as the delay was due to negligence and lack of diligence, not a technical ground. The alleged illegality regarding non-joinder of TANROAD was unfounded because TANROAD, as an executive agency, cannot be sued in tort and is not a necessary party. Therefore, the application for extension of time is dismissed.
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The Commissioner for Lands was a necessary party as both parties claimed allocation by him, and effective determination of ownership required his participation; failure to join him rendered the trial incompetent.
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The High Court struck out a preliminary objection that the Registrar of Titles was a necessary party, holding it was improperly raised and would surprise the plaintiff.
The purchaser of the auctioned property is a necessary party because any decree would affect their rights; failure to join them is fatal, but the appropriate remedy is to order amendment of the plaint to join the purchaser.
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The Court of Appeal granted extension of time to seek revision, finding an apparent illegality because the applicant was condemned unheard in the appellate judgment.
The Registrar of Titles is a necessary party as the relief sought involves nullification of transfers effected by the Registrar, and without their joinder, the court cannot grant effective relief; thus, the suit is struck out for non-joinder of a necessary party.
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The suit was struck out because the seller, from whom the plaintiffs derived their title, was not joined as a necessary party, making the suit incompetent and preventing the court from granting effective relief.
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