Masha Ngao & 6 others v Okomboli Ong’ong’a [2017] KEELC 2480 (KLR)
The bottom line
#A Kenyan court refused to protect land occupants who ignored earlier orders against them, saying parties seeking the court's help must first obey the court's own orders.
What this practically means
#Executive summary
#Key legal issues
#Whether a party under subsisting injunction orders may obtain a counter-injunction to restrain the other party from enforcing those orders
No; the court declined to grant the counter-injunction because the orders of 19th February 2016 had neither been set aside nor stayed, and granting the injunction sought would set a dangerous precedent
The court noted that on 19th February 2016 Angote J had restrained the Applicants from interfering with the Respondent's possession of the suit property, with the OCPD Kilifi to enforce compliance. Those orders were still in force. The Applicants, instead of complying or seeking stay or setting aside, sought a counter-injunction over the same land. The court held that allowing such a course would set a dangerous precedent and refused it.
Whether the Applicants, in breach of subsisting orders, qualified for equitable relief
No; the maxim of clean hands disentitled them
The Applicants had refused or neglected to comply with the orders of 19th February 2016 and yet approached the court seeking an equitable remedy. Applying the maxim that he who comes to equity must come with clean hands, the court found their hands heavily tainted and refused to aid them with the discretionary injunction sought.
Legal principles established
#- A party cannot seek a counter-injunction against orders of the same court that remain in force, not set aside or stayed
- A party seeking an equitable remedy must come to equity with clean hands; non-compliance with subsisting court orders disentitles the party from equitable relief
Court orders
#- 1.Discharge of the temporary orders granted ex-parte by the Honourable Omollo J in Mombasa on 19th January 2017
- 2.Dismissal of the application dated 19th January 2017 with costs to the Respondent
- Jurisdiction invoked
- Environment and Land Court jurisdiction over the suit property (Plot No. 20252/13 Title No. CR 30853, Kilifi); matter transferred from the High Court in Mombasa by Hon. Justice Anne Omollo on 3rd February 2017
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Okomboli Ong'onga v Masha Chengo & 5 others; Kenya Commercial Bank Limited & another (Interested Parties)[2023] KEELC 17353 (KLR)4 May 2023followed
Cite this brief
#Cite this brief
Caselaw, "Masha Ngao & 6 others v Okomboli Ong’ong’a [2017] KEELC 2480 (KLR)", Case Analysis (2017). Miscellaneous Application dated 19th January 2017 (arising from Environment & Land Case No. 73 of 2015, Malindi). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/2480/eng@2017-07-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.