Irvine Mwenda Japhet v M’kanga M’rwito Kanyinyiro [2018] KEELC 1298 (KLR)
The bottom line
#A Kenyan court confirmed that when a land case is dismissed, any freeze on the property ends automatically—but even a winning party got no costs.
What this practically means
#Executive summary
#Key legal issues
#Effect of dismissal of the main suit on subsisting inhibition orders
Orders of inhibition issued in a suit automatically become invalid and are vacated upon dismissal of the suit
The court reasoned that the suit having been dismissed on 7th February 2018, there was no longer any basis for the inhibition order registered over parcel MWIMBI/CHOGORIA/4652 on 31st October 2011. Orders issued in a pending suit cannot survive the suit's determination, so the defendant was entitled to have the land freed from the restriction. Costs were denied because the applicant contributed to the dismissal.
Whether the applicant was entitled to costs
Costs were refused because the applicant bore equal blame for the dismissal of the suit
Although the application succeeded, the court exercised its discretion on costs against the applicant. The dismissal of the main suit in early 2018 was attributable in part to the applicant himself, and the court considered it unfair to visit the costs on the respondent. The court therefore made no award of costs either in the main suit or in the application.
Legal principles established
#- Upon dismissal of a suit, any interlocutory orders issued therein, including orders of inhibition, lapse automatically
Court orders
#- 1.This application is allowed in terms of prayer 2 thereof
- 2.No costs are awarded in the main suit and in this application
- Jurisdiction invoked
- Sections 3, 3A, 63e of the Civil Procedure Act and Order 51 Rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Irvine Mwenda Japhet v M’kanga M’rwito Kanyinyiro [2018] KEELC 1298 (KLR)", Case Analysis (2018). Not stated in the excerpt (Chuka ELC suit, inhibition application dated 3rd October 2018). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/1298/eng@2018-10-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.