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ELCDismissedNot stated in the judgment· [2017] KEELC 3494 (KLR)

Muhammad Nisar Ahmed v District Land Registrar, Nakuru, Samuel Arama & Modern Distributors Ltd (Environment & Land Case 276 of 2015) [2017] KEELC 3494 (KLR)

Environment & Land Court
16 February 2017
MSMunyao Sila
1,350 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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This was a ruling of the Environment and Land Court at Nakuru on a notice of motion dated 2 November 2015 by Modern Distributors Limited seeking to be enjoined as an interested party in a suit over the ownership of Nakuru Municipality Block 6/95. The plaintiff, Muhammad Nisar Ahmed, pleaded that he bought the property from Modern Distributors Limited on 30 July 2010 and sued the District Land Registrar, Nakuru, and Honourable Samuel Arama, seeking a declaration of ownership, cancellation of the 2nd defendant's title and a permanent injunction. The 2nd defendant denied the plaintiff's purchase and asserted he bought the property from Mustafah Yusuf Ratemo on 3 August 2015. The applicant, through its director Justus Ong'au, deposed that it sold the properties to one Nadeem I. Mohammed, not the plaintiff, and denied the sale agreement the plaintiff relied on. The application, premised on Order 1 Rule 10(2), was opposed by the plaintiff on grounds that the applicant's remedy lay in an independent suit; the defendants did not oppose it. Munyao Sila J held that joinder is only warranted where the applicant's presence is necessary for the court to effectually and completely adjudicate on all questions in the suit. Since the applicant admitted having sold the property and no determination of the plaintiff/2nd defendant dispute required its presence, joinder was unnecessary, and any claim to recover the property should be pursued in a separate suit. The application was dismissed with costs to the plaintiff.

Key legal issues

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01

Whether the applicant qualified for joinder as an interested party under Order 1 Rule 10(2)

Holding

The application was dismissed because the applicant's presence was not necessary for the determination of the ownership dispute between the plaintiff and the 2nd defendant, and no prejudice would be suffered as the applicant could file a separate suit.

Reasoning

The court evaluated the nature of the case, the issues to be tried and the remedies sought. The main protagonists are the plaintiff and the 2nd defendant, both claiming ownership of Nakuru Municipality Block 6/95. The applicant admitted it sold the property, albeit to Nadeem I. Mohammed rather than the plaintiff, which undermined any continuing stake in the property. Any claim to recover the property should be pursued in an independent suit against the appropriate parties, not by joinder in this suit.

p. 2

Legal principles established

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  • A person should only be enjoined as an interested party where their presence is necessary to enable the court effectually and completely to adjudicate upon and settle all questions involved in the suit; if the court can fully determine the questions without them, joinder is unnecessary and the remedy is an independent suit.

Court orders

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  1. 1.The application dated 2 November 2015 seeking joinder of Modern Distributors Limited as interested party is dismissed with costs to the plaintiff

Authorities

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Legislation

  • Civil Procedure RulesOrder 1 Rule 10(2)
Jurisdiction invoked
Order 1 Rule 10(2) of the Civil Procedure Rules

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, "Muhammad Nisar Ahmed v District Land Registrar, Nakuru, Samuel Arama & Modern Distributors Ltd (Environment & Land Case 276 of 2015) [2017] KEELC 3494 (KLR)", Case Analysis (2017). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/3494/eng@2017-02-16

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