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ELCAllowedApplication dated 4.7.2016 in Petition (Mombasa)· [2017] KEELC 3592 (KLR)

African Gas & Oil Company Limited v Attorney General & 7 others [2017] KEELC 3592 (KLR)

Environment and Land Court (High Court)
16 February 2017
AOA. Omollo
818 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 in Mombasa allowed an interested party to join a land petition, ruling that anyone directly affected by the outcome deserves a chance to be heard.

What this practically means

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Executive summary

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The applicant, Joseph Nyingi Kamau, moved the Court under Order 12 Rule 7 of the Civil Procedure Rules seeking to enjoin the administrators of the estate of the late James Kamau Thiong'o as interested parties in a petition pending before the Environment and Land Court in Mombasa. He deposed that the deceased was the registered owner of parcel MN/VI/755 measuring 48 acres, and that unknown to the deceased or his estate, a portion of that land was fraudulently hived off to form part of parcel MN/VI/4737, whose deed plan was overlapped or superimposed over that of parcel 755. The applicant had earlier filed ELC Case No 161 of 2013 and learnt of the petition through the Daily Nation, complaining that the petitioner had not disclosed the dispute over the suit parcels. The Respondents did not oppose the application. The petitioner opposed, averring that parcel 755 was compulsorily acquired by the Government in 1976 under Gazette Notice No 737 dated 12.3.1976, before its acquisition of parcel 4737, and that any claim would lie against the Government for compensation. Both sides filed written submissions. The Court noted that after a complaint about delay in delivering the ruling, the applicant filed Petition Cause No 1 of 2017 against the same parties, expressing his intention to challenge the petitioner's claim. The Court held the applicant a necessary party whose claim could not be wished away, and that the existence of parcel 755 was a matter for evidence at the hearing. The application dated 4.7.2016 was allowed, the applicant was joined as an interested party, and costs were ordered in the cause.

Key legal issues

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01

Joinder of an interested party under Order 12 Rule 7

Holding

The applicant is a necessary party and is joined as an interested party to the petition.

Reasoning

The applicant claimed to act for the registered owners of parcel MN/VI/755, alleged the parcel was fraudulently hived off and overlapped by the petitioner's parcel MN/VI/4737, and would be greatly affected by the petition's outcome. The petitioner's compulsory-acquisition objection raised an evidentiary question of whether the land still exists. The applicant had also filed Petition Cause No 1 of 2017 expressing an intention to challenge the petitioner's claim, reinforcing his necessary-party status. The application was unopposed by the Respondents and was allowed.

p. 2

Legal principles established

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  • A party whose interest is directly affected by the outcome of a petition and who has demonstrated the necessary interest is a proper and necessary party who should be joined to ventilate their case.
  • Whether the suit land exists or not is a matter to be determined by evidence at the hearing, not on an application for joinder.

Court orders

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  1. 1.The application dated 4.7.2016 is allowed
  2. 2.The applicant is joined as an interested party to the petition
  3. 3.Costs are ordered in the cause

Authorities

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Legislation

  • Civil Procedure RulesOrder 12 Rule 7
Jurisdiction invoked
Order 12 Rule 7 of the Civil Procedure Rules (joinder of parties)

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, "African Gas & Oil Company Limited v Attorney General & 7 others [2017] KEELC 3592 (KLR)", Case Analysis (2017). Application dated 4.7.2016 in Petition (Mombasa). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/3592/eng@2017-02-16

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