Mairani & 2 others v Director of Land, Adjudication & Settlement & 3 others
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the intended appeal against the striking out of the applicants' suit as res judicata is arguable
The intended appeal is arguable; the contention that the learned judge erred in striking out the suit as res judicata is an arguable ground.
The applicants contend the judge erred in holding the suit res judicata when it raised different issues and sought different reliefs from ELC Case No. 16 of 2018, and when the respondents did not controvert their averments of unlawful exclusion. The court applied the settled standard that an arguable appeal need not succeed, only be fully argued.
Whether the intended appeal would be rendered nugatory if the injunction is not granted
The appeal would be rendered nugatory because the applicants would permanently lose the opportunity to present their claims and interests over the suit land under the adjudication process.
The court found that without an injunction the adjudication process would proceed to completion, permanently denying the applicants the chance to have their land interests ascertained, so a successful appeal would be of no practical value. This satisfied the second limb of the rule 5(2)(b) test.
Legal principles established
#- An arguable appeal is not one that must succeed, but one which ought to be argued fully; even a single bona fide arguable ground is sufficient.
- The twin principles for grant of orders under rule 5(2)(b) are that the intended appeal is arguable and that, if successful, it would be rendered nugatory unless the orders are granted.
Court orders
#- 1.Interim orders of injunction granted as sought in the application dated 18th January 2022, restraining the respondents from further implementing the land adjudication process and/or enforcing any legal notices thereof
- 2.No orders as to costs
- 3.Applicants to file and serve the record of appeal within forty-five (45) days from the date of the ruling, failing which the order of injunction shall stand vacated
- On appeal from
- Environment and Land Court at Chuka
- Jurisdiction invoked
- Rule 5(2)(b) of the Court of Appeal Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mairani & 2 others v Director of Land, Adjudication & Settlement & 3 others", Case Analysis (2022). Civil Application E003 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2022/632/eng@2022-07-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.