Michael Kungu Kigia v Meru Teachers House Ltd Diretors Edward Dick Mugambi & 12 others [2017] KEELC 156 (KLR)
The bottom line
#The Environment and Land Court dismissed a long-running landlord-tenant claim, ruling it cannot enforce orders made by other Kenyan courts or tribunals.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction to entertain contempt applications and orders issued by other courts and tribunals
The ELC has no jurisdiction to enforce, review or vacate orders issued by other courts and tribunals not parties to this suit; the plaintiff's remedy is an appeal
The plaintiff sought committal for contempt of orders issued by magistrates' courts, the High Court and tribunals across many finalized or pending files. This court was not privy to those proceedings, and the plaintiff's proper avenue was the pending appeal (Meru HCA 246/13, now Embu HCA 1/2015). As in the Mukisa Biscuit formulation, the objection raised a pure point of law which succeeded.
Whether the plaintiff established a cause of action
No cause of action was established; the claim was scattered across a myriad of cases and the plaintiff was a vexatious litigant
For a cause of action a plaintiff must establish a right and its violation. The plaintiff could not pinpoint when his cause of action arose, as his claim was dispersed in about 37-40 finalized or pending cases. His verifying affidavit falsely denied other pending suits, rendering the suit scandalous, incompetent and an abuse of the court process.
Legal principles established
#- A preliminary objection raises a pure point of law argued on the assumption that all facts pleaded by the other side are correct; it cannot be raised if any fact has to be ascertained or if the exercise of judicial discretion is sought
- A court cannot deal with issues pending before other courts except through the appellate process
- A cause of action requires establishment of a right and demonstration that the right has been violated
- Swearing a verifying affidavit that there is no other suit pending while numerous suits exist between the parties is an abuse of court process
Court orders
#- 1.Notice of Motion dated 13.02.2017 dismissed
- 2.Suit (Plaint) dismissed with costs to the defendants
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court under the ELC Act; challenged by preliminary objection for lack of jurisdiction
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Michael Kungu Kigia v Meru Teachers House Ltd Diretors Edward Dick Mugambi & 12 others [2017] KEELC 156 (KLR)", Case Analysis (2017). ELC Case of 2017 (Meru) - Plaint filed 13.02.2017; Notice of Motion dated 13.02.2017; Preliminary Objection dated 03.04.2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/156/eng@2017-12-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.