John Kibor Seronei & 3 others v Stanley Kiptorus Chemosy & 2 others [2016] KEELC 528 (KLR)

The bottom line

In Kenya, an interim court injunction automatically lapses after twelve months if the lawsuit isn't concluded, so parties must actively pursue their cases or lose protection.

What this practically means

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Executive summary

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The third defendant/applicant in Land Case No. 79 of 2014 before the Environment and Land Court at Kitale moved the court by Notice of Motion dated 19th February 2016 seeking dismissal of the suit for want of prosecution, discharge of interim injunction orders issued on 5th June 2014, and costs. He contended that the plaintiffs/respondents had not prosecuted the suit for over a year, had failed to serve summons on the first and second defendants as ordered, and that the injunction was hurting him as the person who had been in possession and had already planted crops on the suitland. The respondents opposed, attributing the delay to financial constraints and asking that the case proceed upon compliance with the orders of 29th September 2015. At submissions, the applicant abandoned the dismissal prayer after the court observed that one year had not elapsed since the case was last in court. The sole issue was whether the injunction should be discharged. Applying Order 40 Rule (7) of the Civil Procedure Rules, the court found the suit had not been determined within twelve months of the grant, that the respondents had only paid for the substituted-service advertisement after the application was filed, and that no sufficient reason existed to keep the injunction alive. The court allowed the application, discharged the injunction orders of 5th June 2014, and awarded the applicant costs of the application, to be borne by the respondents. The ruling was delivered at Kitale on 15th September 2016 by E. Obaga, Judge, in the absence of the parties.

Key legal issues

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Whether the interlocutory injunction granted on 5/6/2014 ought to be discharged

Holding

The injunction had lapsed under Order 40 Rule (7) of the Civil Procedure Rules as the suit had not been determined within twelve months and no sufficient reason was shown to keep it in force

Reasoning

Order 40 Rule (7) provides that an interlocutory injunction lapses if the suit is not determined within twelve months unless the court orders otherwise for sufficient reason. The respondents had not fixed the suit for hearing for almost two years, enjoyed the interlocutory orders, and delayed complying with the order for substituted service, only paying for the advertisement after the application was filed. No sufficient reason justified extending the injunction, so it was discharged.

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Legal principles established

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An interlocutory injunction lapses where the suit in which it is granted is not determined within twelve months, unless the court orders otherwise for sufficient reason

Court orders

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1.The injunction orders given on 5/6/2014 are discharged
2.The applicant shall have costs of the application to be borne by the respondents

Authorities

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Legislation

Civil Procedure RulesOrder 40 Rule (7)

Key timeline

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Practical implications

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Frequently asked questions

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Related briefs

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Cite this brief

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Cite this brief

Caselaw, "John Kibor Seronei & 3 others v Stanley Kiptorus Chemosy & 2 others [2016] KEELC 528 (KLR)", Case Analysis (2016). Land Case No. 79 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2016/528/eng@2016-09-15

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