Abdulahi Muirui Muigai & 5 Others v Attorney General & Another; Amboseli Court Ltd & 14 Others (Interested Parties)

The court accepted that a charge is a statutory interest in land under section 2 of the Land Act and that registered debentures offer continuing security. The charge had not been discharged or lifted and remained binding on the chargor, so the applicant had a valid legal interest it was entitled to safeguard.

Relying on Court of Appeal authority, the court held that ELC jurisdiction is limited to disputes connected to use of land and contracts incidental to such use. A charge is a disposition with no direct contractual relation to use of a chargor's land, so joinder would raise issues beyond the court's jurisdiction.

The court reasoned that jurisdiction is primordial; a suit filed without jurisdiction is dead on arrival. Because the dominant issue the bank sought to protect was a contractual obligation held as a charge, and the bank was not exercising a statutory power of sale, its participation would raise matters the court cannot entertain.