Rubis Energy Kenya PLC (Formerly known as Kenol Kobil PLC v Trustees of Seif Bin Salim & 2 others (Environment & Land Case 128 of 2021) [2022] KEELC 3778 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Joinder of necessary parties under Order 1 rule 10(2) and (4) of the Civil Procedure Rules
The 2nd and 3rd proposed defendants, who claim and register interests over the suit property, are reasonably affected by the litigation and are necessary and proper parties.
The court applied Order 1 rule 10(2) and (4) and the Court of Appeal tests in Civicon Limited v Kivuwatt Limited, Central Kenya Ltd v Trust Bank Ltd and Meme v Republic. It noted the parties had on December 3, 2021 recorded a consent for the 2nd defendant's enjoinment, though not adopted as a court order. The 2nd defendant claims a registered lease over the suit property and is in occupation, while the 3rd defendant registered that lease; both are therefore reasonably affected and their presence enables complete adjudication and avoids multiplicity of suits.
Whether interim protection should be granted over the suit property
The court directed that the status quo be maintained pending the hearing and determination of the suit.
The court found the plaintiff in occupation and also that the 2nd defendant is operating within the suit premises. Rather than issuing the broad injunctions sought against the newly joined defendants, the court preserved the position as it stands pending full determination of the suit, alongside directions for the draft amended plaint to be deemed filed and summons to issue.
Legal principles established
#- The paramount consideration in an application for joinder of a party is whether the party is necessary for the effectual and complete adjudication of all questions involved in the suit
Court orders
#- 1.That the plaintiff be granted leave to amend and join Seven L General Trading Limited and the Chief Land Registrar as the 2nd and 3rd defendants to these proceedings
- 2.That the draft amended plaint filed herewith be deemed duly filed upon payment of the requisite fee and summons to enter appearance do issue in respect of the proposed 2nd and 3rd defendants
- 3.That the status quo be maintained pending the hearing and determination of this suit
- 4.Costs of the application to be in the cause
- Jurisdiction invoked
- Sections 1A, 1B, 3A and 63 of the Civil Procedure Act (Cap 21), Order 1 rules 10(2) and (4), Order 8 rules 3 and 5, Order 40 rule 2 and Order 51 rule 1 of the Civil Procedure Rules, 2010; Article 40 of the Constitution, 2010; section 101 of the Land Registration Act, 2012; section 13 of the Environment and Land Court Act (No. 19 of 2011)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Rubis Energy Kenya PLC (Formerly known as Kenol Kobil PLC v Trustees of Seif Bin Salim & 2 others (Environment & Land Case 128 of 2021) [2022] KEELC 3778 (KLR)", Case Analysis (2022). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/3778/eng@2022-06-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.