MISC
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.
Source excerpt
- Non-joinder of necessary party
- Dismissal for procedural defect
- Village land allocation
- Government proceedings act
- Order i rule 3 and 10 of civil procedure code