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ELCOtherPetition dated 19th June, 2024 (Chamber Summons dated 19th February, 2025)· [2025] KEELC 5497 (KLR)
Sharia Na Haki Human Rights Institute v Arts 680 Limited & 4 others; Kenya Agricultural and Livestock Research Organization & another (Interested Parties) (Environment and Land Petition E015 of 2024) [2025] KEELC 5497 (KLR)
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·~5 min to read original · ~4 min briefThe bottom line
#Kenya's Environment and Land Court struck a bank out of a land petition because the group suing never claimed anything against it.
What this practically means
#Executive summary
#Before the Environment and Land Court at Mombasa was a Chamber Summons dated 19th February, 2025 by Middle East Bank Kenya Limited, the 2nd Respondent, seeking the striking out of its name from a Petition dated 19th June, 2024 brought by Sheria Na Haki Human Rights Institute. The application was brought under Order 1 Rules 10(2) and 14 of the Civil Procedure Rules on grounds that the bank was improperly joined, that the joinder was speculative, and that no relief was sought against it in the Petition or the accompanying application. The Petitioner opposed, alleging that the bank colluded with the 1st Respondent to illegally deprive the 1st Interested Party of the suit property, relying on a Letter of Offer dated 24th August, 1998 offering a loan and overdraft, and a charge registered on 8th October, 1996. The 1st Interested Party supported the Petitioner; the 1st, 3rd, 4th and 5th Respondents and the 2nd Interested Party did not object. Applying the two-part test for necessary parties in Werrot & Company Ltd and the test in Amon v Raphael Tuck & Sons Ltd, Olola J held that no relief was sought against the bank, and that advancing money against already-registered property could not constitute collusion. The joinder was found to be speculative and without proper basis. The application was allowed in terms of Prayer (a), with costs assessed at Kshs. 100,000/= to be borne by the Petitioner.
Key legal issues
#01
Whether the 2nd Respondent was improperly joined in the Petition
Holding
The joinder of the 2nd Respondent was speculative and without proper basis since no relief was sought against it
Reasoning
The court applied the two-part test for necessary parties from Werrot & Company Ltd and the Amon test. It noted the Petitioner's prayers sought no relief against the 2nd Respondent. Even if the 1st Respondent had charged the suit property to secure a loan, the property would already have been registered in the 1st Respondent's name, so advancing money could not amount to collusion warranting joinder.
p. 3
Legal principles established
#- A necessary party is one against whom there is a right to relief and without whom an effective decree cannot be passed
- A person is only a necessary party where the question in the action cannot be effectually and completely settled unless he is a party
Court orders
#- 1.The Chamber Summons dated 19th February, 2025 is allowed in terms of Prayer No. (a) thereof, striking out the 2nd Respondent from the Petition
- 2.Costs of the application assessed at Kshs. 100,000/= to be borne by the Petitioner
- Jurisdiction invoked
- Order 1 Rule 10(2) and Order 1 Rule 14 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Sharia Na Haki Human Rights Institute v Arts 680 Limited & 4 others; Kenya Agricultural and Livestock Research Organization & another (Interested Parties) (Environment and Land Petition E015 of 2024) [2025] KEELC 5497 (KLR)", Case Analysis (2025). Petition dated 19th June, 2024 (Chamber Summons dated 19th February, 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5497/eng@2025-07-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.