1.Saif Holdings Limited the 1st Defendant herein has moved this court vide a Notice of Motion Application dated 31st May 2022, seeking for the following orders:-c)That this Honourable Court be pleased to grant all the parties herein leave to amend their respective pleadings if need be.d)That this Honourable Court be pleased to grant all the parties herein leave to file further list of documents and witness statements consequently thereto, if need be.e)That the Honourable Court makes such orders as are necessary for the interest of justice.f)The costs of this Application be in the cause.
2.The Application is supported by grounds stated on its face as well as the supporting Affidavit of Taherali Tajbhai, a director of the 1st Defendant sworn on 31st May 2022, where he deposed that the Plaintiff did not include the Chief Land Registrar at the time of filing suit and that it is necessary for the Chief Land Registrar to be joined to shed light over the ownership dispute in respect to L.R No. 15107 (66258) which according to him is registered and owned by the 1st Defendant. He further deposed that no prejudice will be suffered by either the Plaintiff or the 2nd Defendant in respect to the joinder of the Chief Land Registrar as a party to this case.
3.The application is opposed by the Plaintiff. In opposition to the same, the Plaintiff has filed a Replying Affidavit sworn on 22nd August 2022 where he deposed that the Chief Land Registrar was not included in the suit because he is not a necessary party herein since according to the Plaintiff he is the registered and legitimate owner of the property and further being the Plaintiff, he is at liberty to choose whom to include as a Defendant.
4.Pursuant to the directions of this Court issued on 19th July 2022, it was directed that the said application be canvassed by way of written submissions upon which this Court will consider the same and render its ruling. The 1st Defendant filed its written submissions dated 1st August 2022 while the Plaintiff’s written submissions were dated 22nd August 2022. No written submissions were filed by the 2nd Defendant and the Intended 3rd Defendant.
5.I have considered the application and the response that was filed. In my considered view, the sole issue that arise for determination is whether the Chief Land Registrar ought to be joined in this suit as a 3rd Defendant.
7.Essentially therefore, any person who, though not a party to proceedings pending in court and has an interest in the subject matter of such proceedings to the extent that they will be affected by the decision of the court whichever way the decision goes, then such person qualifies to be termed as a necessary party and ought to be allowed to join such proceedings.
8.I have considered the 1st Defendant’s averments that the intended 3rd Defendant is the custodian of all land records in Kenya and further that both the Plaintiff and the 1st Defendant are claiming ownership to the suit property and I am satisfied that it is necessary to join the intended 3rd Defendant as a party to this suit as this will aid the Court in effectively determining the dispute between the Plaintiff and the 1st Defendant herein. The presence in this suit of the Intended 3rd Defendant is necessary to enable the court to effectually and completely adjudicate upon and settle all issues arising herein.
9.Consequently, the Application dated 31st May 2022 is merited and is allowed in the following terms;
10.It is so ordered.