Richard Kariuki Kamwenji v Teresia Waithira Kariuki [2018] KEELC 693 (KLR)
The bottom line
#The High Court threw out a 2017 attempt to block development on Kiambu land, warning that applications filed just to delay decades-old suits will cost you.
What this practically means
#Executive summary
#Key legal issues
#Entitlement to a temporary injunction over land parcel No. Ndumberi/Ndumberi/738
The application for a temporary injunction was not merited and was dismissed.
The Applicant relied on a judgment of 22nd May 1980 directing transfer of 2 acres to him, but that judgment was reviewed and vacated on 28th February 1983 by Justice H. G. Platt, and the Green Card entry in his favour was vacated on 29th April 1986, reinstating Zakaria Kimuhu & Others as proprietors. The Applicant is not the registered owner, his alleged interest is protected by a Caution, and the injunction would serve only to delay the expeditious disposal of a suit filed in 1980.
Abuse of court process
The application was found to be an abuse of the court process and frivolous, contrary to the overriding objective in Sections 1A and 1B of the Civil Procedure Act.
The Applicant had not sought temporary injunction orders before the court file was reconstructed, and had in fact opposed the reconstruction. He only moved for injunctive relief after the file was reconstructed, which suggested the application was intended to delay the hearing of a suit filed in 1980 rather than preserve any legitimate interest, and thus offended the expeditious-resolution objectives of the Civil Procedure Act.
Legal principles established
#- A temporary injunction is issued when the suit property is in danger of being wasted, damaged or alienated, as provided under Order 40 Rule 1 of the Civil Procedure Rules
- The purpose of a temporary injunction is to preserve the status quo
Court orders
#- 1.The Notice of Motion application dated 25th September 2017 is dismissed entirely with costs to the Defendant/Respondent
- 2.The Defendant/Respondent is directed to file all the available pleadings within 14 days from the date of the order
- 3.The parties to prepare the suit for hearing expeditiously by complying with Order 11 within 30 days after the filing of the relevant copies of pleadings
- 4.A date for Pre-trial Conference to be taken before the Deputy Registrar for expeditious disposal of the suit
- Jurisdiction invoked
- Sections 1A, 1B, 3A and 63(e) of the Civil Procedure Act (Cap 21 Laws of Kenya), Order 51 Rule 1
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Richard Kariuki Kamwenji v Teresia Waithira Kariuki [2018] KEELC 693 (KLR)", Case Analysis (2018). Notice of Motion dated 25th September 2017 (suit filed in 1980, Civil Suit No.1200 of 1980 referred to). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/693/eng@2018-11-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.