Peter Maina Ndirangu & 2 others v Danish O Agalloh (sued as the Chairman of Kariobangi South Jua Kali Society) & another [2018] KEELC 1409 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Entitlement to interim injunctive relief
The interim injunction was refused; the guiding principles are those in Giella v Cassman Brown, and on the facts the application failed
The court applied the Giella v Cassman Brown principles requiring a prima facie case with probability of success, irreparable injury not compensable in damages, and, in doubt, a balance of convenience. Prayer 2 sought an interim order only pending interpartes hearing and was spent. Even considered substantively, the related ruling in ELC Petition No. 1337/2016 showed subdivision was complete and allotment letters issued, so restraining orders would serve no purpose and would disrupt the ongoing survey and titling exercise.
Production of Society records
Refused because no evidence showed the records had been requested and withheld
The Society's registration and membership records are kept by the Registrar of Societies, and requests for records held by the Society are to be directed to its proper officer. The plaintiffs produced no controverting evidence that the Registrar declined to release the records or that the Society withheld records after a request, so grievances about records should be ventilated in an appropriate forum.
Final declaratory relief at interlocutory stage
Refused; final declarations cannot issue as interim relief and cannot bind a non-party
Prayer 5 sought a final declaration annulling the downsizing exercise undertaken by the Nairobi City County Government in conjunction with the Society. Such a final order cannot be granted as an interlocutory remedy. Furthermore, the County Government, whose actions the declaration would annul, is not a party to the suit, so an order could not issue in its absence.
Legal principles established
#- An injunction will not issue to restrain an act that has already been completed
- A final declaratory order cannot be granted as an interlocutory relief
Court orders
#- 1.The notice of motion dated 21/4/2017 is dismissed
- 2.The respondent shall have costs of the application
- 3.The case to be mentioned before Okongo J to determine whether to stay one of the suits, consolidate the two suits, or issue other appropriate directions
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over disputes relating to land within Kariobangi South Estate, Nairobi
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Peter Maina Ndirangu & 2 others v Danish O Agalloh (sued as the Chairman of Kariobangi South Jua Kali Society) & another [2018] KEELC 1409 (KLR)", Case Analysis (2018). ELC Case (Nairobi), Notice of Motion dated 21/4/2017 in suit instituted 25/4/2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/1409/eng@2018-10-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.