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ELCDismissedApplication dated 8 August 2016 in suit commenced by plaint filed 18 March 2010· [2017] KEELC 3467 (KLR)

Skov Estate Limited & 5 others v Agricultural Development Corporation & another [2017] KEELC 3467 (KLR)

Environment and Land Court
16 February 2017
MSMunyao Sila
1,880 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court ruled that the Attorney General could not be forced into a land dispute simply because the State farms crops on the land being sued over.

What this practically means

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Executive summary

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The Attorney General applied on 8 August 2016, under Sections 1A, 1B and 3A of the Civil Procedure Act and Order 1 Rule 10 of the Civil Procedure Rules, 2010, to be enjoined as an additional defendant to a suit brought by Skov Estates Limited against the Agricultural Development Corporation and its subsidiary Lands Limited. The suit, commenced by plaint on 18 March 2010, claims specific performance of a sale agreement of 27 November 1982 over L.R No. 9467 (1,300 acres) and, alternatively, the land by adverse possession. The defendants say the offer was never accepted and the agreement was rescinded. The Attorney General, representing the State Department of Agriculture through the Molo Potato Project, sought joinder on the ground that about 3,600 people claiming through the plaintiff illegally occupy approximately 103.96 acres, interfering with a national potato seed project on the land. The application was unopposed by the defendants; the plaintiff left the matter to the court. The court directed that prayer 7 (joinder) be argued first. Holding that the land is registered in the name of Lands Limited, which together with ADC has independent capacity to sue, be sued and hold property, and that the plaintiff asserts no claim against the State or any department, Munyao Sila J found that the State's farming operations on the land were not sufficient to make it a necessary party under Order 1 Rule 10(2). The joinder application was denied and, since the remaining prayers depended on joinder, the entire application was dismissed. No orders as to costs were made, and the court directed an expedited hearing of the main suit.

Key legal issues

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01

Whether the Attorney General is a necessary party to the suit

Holding

The application for joinder was dismissed because the plaintiff claims no relief against the State and the named defendants have full capacity to sue and be sued and to hold property, so the Attorney General's presence is unnecessary

Reasoning

Order 1 Rule 10(2) permits addition of a party whose presence is necessary to enable the court effectually and completely adjudicate on all questions. The dispute concerns a claimed sale agreement with Lands Limited and adverse possession against the two named defendants, both of which have independent legal capacity. The State's farming operation on the land creates no cause of action against it, and a defendant cannot be thrust upon a plaintiff who raises no claim against that party.

p. 3
02

Whether the State's occupation and farming of the suit land justified joinder

Holding

It did not; occupation alone, without a claim against the occupier, is insufficient

Reasoning

The applicant showed the Molo Potato Project operates on the land and that persons claiming through the plaintiff occupy portions of it. The court held that this interest in land use does not make the State a necessary or proper party where the lis is between the plaintiff and the two defendants over the contract and adverse possession. The plaintiff seeks no relief against the State or any Government Department, so joinder would serve no purpose in settling the questions in controversy.

p. 3

Legal principles established

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  • A party whose presence is not necessary to effectually and completely adjudicate on the questions in dispute, and against whom no relief is claimed, cannot be thrust on a plaintiff as a defendant under Order 1 Rule 10(2)
  • The mere fact that a party occupies or uses the suit land is not by itself a ground for joinder where no claim lies against it

Court orders

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  1. 1.The application for joinder of the Attorney General (and any State Department) as a party to the suit was denied
  2. 2.The entire application dated 8 August 2016 was dismissed
  3. 3.No orders as to costs
  4. 4.Direction that the suit be heard and disposed of expeditiously, with a hearing date to be given at delivery of the ruling

Authorities

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Legislation

  • Civil Procedure ActSections 1A, 1B and 3A
  • Civil Procedure Rules, 2010Order 1 Rule 10 (sub-rules (1), (2), (3) and (4))
Jurisdiction invoked
Sections 1A, 1B and 3A of the Civil Procedure Act and Order 1 Rule 10 of the Civil Procedure Rules, 2010

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Skov Estate Limited & 5 others v Agricultural Development Corporation & another [2017] KEELC 3467 (KLR)", Case Analysis (2017). Application dated 8 August 2016 in suit commenced by plaint filed 18 March 2010. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/3467/eng@2017-02-16

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.