Maria Lwande & Others v Registered Trustees Of Teleposta Pension Scheme [2015] KEELC 754 (KLR)
The bottom line
#Kenya's High Court confirmed interim injunctions expire automatically after 12 months if a case isn't heard, so parties must actively prosecute their suits.
What this practically means
#Executive summary
#Key legal issues
#Whether Order 40 Rule 6 CPR 2010 applies to injunctions granted under the repealed rules
Yes; the suit was bound by CPR 2010 including Order 40 Rule 6
The injunction was granted in 2008 under the repealed rules, but Order 54 of the CPR 2010 extends the 2010 Rules to pending proceedings. Consequently the 12-month lapse provision governed the injunction issued on 23rd September 2008.
Whether the injunction lapsed by operation of law
Yes; the suit was not determined within 12 months and no extension was sought
The injunction was issued on 23rd September 2008 and the suit was never set down for hearing. The Plaintiffs never sought extension of the orders and offered no sufficient reason for continuance, so the injunction lapsed by operation of law after 12 months.
Whether the consent order of 23rd September 2008 compromised the suit
No; the consent order provided for pre-trials and directions, showing the suit remained live
The consent order required forwarding title documents and provided for a mention, pre-trials, and exchange of documents and agreed issues. These are steps in an ongoing suit, not terms of compromise, so the suit remained undetermined and the 12-month clock under Order 40 Rule 6 ran.
Legal principles established
#- An interlocutory injunction lapses automatically if the suit is not determined within 12 months of grant, unless the court orders otherwise for sufficient reason
- The Civil Procedure Rules 2010 apply to proceedings pending under the repealed rules
Court orders
#- 1.The orders of the Honourable Court issued on 23rd September 2008 by Hon. Lady Justice Ang'awa deemed to have lapsed
- 2.The Defendant's application dated 25th October 2012 allowed entirely with costs to the Applicant
- Jurisdiction invoked
- Sections 1A, 1B and 3A of the Civil Procedure Act; Order 40 Rules 6 and 7 and Order 51 Rule 1 of the Civil Procedure Rules 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Maria Lwande & Others v Registered Trustees Of Teleposta Pension Scheme [2015] KEELC 754 (KLR)", Case Analysis (2015). Notice of Motion dated 25th October 2012 in HCCC suit filed 8th May 2008. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2015/754/eng@2015-02-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.