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ELCAllowedELC Suit No. E235 of 2023 (NBI)· [2026] KEELC 5286 (KLR)

Troy Medicare Pharmacy Ltd v Pekee Developments Ltd & another (Environment and Land Case E235 of 2023) [2026] KEELC 5286 (KLR)

Environment and Land Court
14 August 2026
JKJ. G. Kemei
2,220 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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Royal Palms Mustard Limited, joined as the 2nd Interested Party upon the consent consolidation of ELC E032 of 2023 (its own suit against Try Medicare Pharmacy Limited and Peekee Developers Limited) with ELC E235 of 2023, moved the court by notice of motion dated 30 January 2026 seeking a review and/or variation of the order of 9 October 2023 so as to redesignate it as the 2nd Defendant. It relied on a ten-and-a-half-year lease of LR No 209/1829 from Peekee Developers Limited, a security deposit of Kshs 8.4 million, and its occupation since July 2023, arguing that an interested party cannot formulate its own issues or seek substantive relief, and that it needed to file a defence and counterclaim. The plaintiff opposed, contending the applicant was a proxy of the defendants, had itself requested interested party status, was barred from approbating and reprobating, and was guilty of a two-year inordinate delay; the defendant acknowledged the lease. The court, applying Section 80 of the Civil Procedure Act, Order 45 of the Civil Procedure Rules and Order 1 rule 10(2), held that the applicant, admittedly in possession of the suit land and asserting leasehold rights, was a necessary party for the complete adjudication of all questions. Public policy favouring final determination of all competing claims in one proceeding supported the review. The court reviewed the 9 October 2023 order for 'other sufficient reasons', redesignated Royal Palms Mustard Limited as the 2nd Defendant, ordered amendment of all pleadings, and awarded costs of the application to the Applicant.

Key legal issues

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Whether the court should review its order of 9 October 2023 designating the applicant as 2nd Interested Party and instead enjoin it as the 2nd Defendant

Holding

Application allowed. The applicant, being in possession of the suit land and asserting leasehold rights central to the dispute, is a necessary party; the consent order was reviewed under the 'any other sufficient reason' ground of review.

Reasoning

The court recited the review grounds in Section 80 CPA and Order 45 CPR. It found the parties contesting various rights and interests in the suit land, with the applicant admittedly in possession. Under Order 1 rule 10(2), the applicant is a necessary party for complete adjudication. Consolidation was intended to resolve all disputes; leaving the applicant's claim unresolved would waste judicial resources. Review was granted for 'other sufficient reasons' - enabling effective and whole adjudication on the merits - despite the consent nature of the original order and the objection that the applicant voluntarily sought interested party status.

p. 7

Legal principles established

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  • A party whose presence is necessary for the court to effectually and completely adjudicate all questions in a suit may be added as a party at any stage of the proceedings.
  • Public policy favours the final and complete adjudication of all competing claims in a single proceeding.

Court orders

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  1. 1.The court's Order dated 9th October 2023 reviewed and/or varied to correct the designation of Royal Palms Mustard Limited from the 2nd Interested Party to the 2nd Defendant
  2. 2.All pleadings in ELC Suit No. E235 of 2023 amended to reflect the joinder and correct designation of Royal Palms Mustard Limited as the 2nd Defendant, with all future proceedings conducted accordingly
  3. 3.Costs of the application to be borne by the Applicant
Jurisdiction invoked
Section 80 of the Civil Procedure Act and Order 45 of the Civil Procedure Rules, 2010 (review jurisdiction); Order 1 rule 10(2) 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, "Troy Medicare Pharmacy Ltd v Pekee Developments Ltd & another (Environment and Land Case E235 of 2023) [2026] KEELC 5286 (KLR)", Case Analysis (2026). ELC Suit No. E235 of 2023 (NBI). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5286/eng@2026-08-14

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