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ELCPartially AllowedNot stated in the excerpt (ELC, Nairobi)· [2021] KEELC 526 (KLR)

Kenya Harlequin Footbal Club v Quaco Two Hundred & Thirty-Two Ltd; Encore Lounge & Grill (Intended Interested Party) [2021] KEELC 526 (KLR)

Environment and Land Court
10 December 2021
MMM. D. Mwangi
1,267 words in judgment
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The bottom line

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Kenya's Environment and Land Court admitted a tenant as an interested party in a rent dispute, confirming joinder is discretionary, not automatic.

What this practically means

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Executive summary

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This is a ruling of the Environment and Land Court at Nairobi (M.D. Mwangi, J) on an application by Encore Lounge & Grill Limited to be joined as an interested party in proceedings arising from a dispute before the Business Premises and Rent Tribunal between the intended Appellant and the Respondent. The intended interested party stated that it was awarded a public tender to run the 'Harlequins bar', entered a sub-lease with the intended Appellant, paid rent, took possession and incurred significant renovation costs on the premises, and learned of the proceedings only when served with the Tribunal's order by the Respondent. It argued its joinder was necessary and would cause no prejudice, while avoiding duplication of suits. The Respondent opposed, contending the applicant should first have sought joinder before the Tribunal and that the application before the court concerned only the narrower question whether the Tribunal had jurisdiction to issue breaking-in orders, with the move amounting to a backdoor attempt to appeal out of time. The court confined itself to the single issue of joinder, applying the settled three-fold test: a personal interest or stake in the matter, prejudice on non-joinder, and a case or submissions not merely replicative of the existing parties. Finding the test satisfied, the judge allowed the application in terms of prayer 1, admitting Encore Lounge & Grill Limited as an interested party, with costs in the cause. The remaining prayers were not granted.

Key legal issues

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01

Admission of an interested party into pending proceedings

Holding

The intended interested party established a sufficient stake in the premises, being a tenant who had expended resources on renovation, and was admitted as an interested party.

Reasoning

The court applied settled principles requiring an applicant to demonstrate a personal interest or stake in the matter, prejudice to be suffered if not joined, and a case or submissions that are relevant and not a mere replication of other parties' cases. Encore Lounge & Grill Limited, as a tenant in occupation of the premises subject to the Tribunal proceedings, having taken possession and incurred renovation costs, satisfied the test. The court found a case had been made for its inclusion and admitted it, with costs in the cause.

p. 2

Legal principles established

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  • Joinder as an interested party is not as of right but at the discretion of the court, and the applicant must establish a personal interest or stake, prejudice on non-joinder, and a case distinct from mere replication of existing parties' submissions.

Court orders

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  1. 1.Encore Lounge & Grill Limited admitted into the proceedings as an interested party (allowed in terms of prayer number 1)
  2. 2.Costs of the application shall be in the cause

Authorities

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Cases cited (4)

  • Communication Commission of Kenya Others vs Royal Media Services and Others
    (2014) eKLR, Supreme Court Petition No. 14 consolidated with Petitions No. 14(a), (b) and (c)
  • Margaret Withira vs John Njari and Others
    (2021) eKLR, Nairobi ELC Appeal No. 52 of 2017
  • Cyprian Andama vs DPP & Ano.
    (2018) eKLR, Nairobi Petition No. 214 of 2018
  • Francis Karioki Muratetu & Ano. Vs Republic & 4 Others
    (2016) eKLR, Petition No. 15 of 2015 consolidated with Petition No. 16 of 2015
Jurisdiction invoked
Inherent discretion to admit interested parties to pending proceedings (matter arising from Business Premises and Rent Tribunal orders on a controlled tenancy appeal)

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, "Kenya Harlequin Footbal Club v Quaco Two Hundred & Thirty-Two Ltd; Encore Lounge & Grill (Intended Interested Party) [2021] KEELC 526 (KLR)", Case Analysis (2021). Not stated in the excerpt (ELC, Nairobi). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/526/eng@2021-12-10

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