Johnson Wyclife Ambani & another v Henry Lubanga Mwimali & another [2018] KEELC 2388 (KLR)
The bottom line
#The Environment and Land Court in Kakamega refused to stop family members from using disputed land because the same dispute was already before another court.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicants met the Giella v Cassman Brown threshold for an interlocutory injunction
The application failed; no interlocutory injunction issued
Although the applicants claimed sole proprietorship of the suit parcels, the defendants showed the land derives from a subdivision of parcel E. Wanga/Malaha/167 in succession cause No. 413 of 1995, in which objection proceedings by the respondents and an eviction application by the applicants were both dismissed. A similar matter was also pending before the High Court. The court therefore found the application lacked merit and res judicata.
Whether the application is res judicata
Yes; the court declined to issue orders where a similar matter was pending before the High Court over the same land and parties
The defendants argued that the suit land is subject to succession cause No. 413 of 1995, in which the applicants' eviction application and the respondents' objection proceedings were dismissed on 11th May 2017, and that a similar matter touching the same land and parties was before the High Court. The court accepted that it cannot issue orders where another court is dealing with the same matters.
Legal principles established
#- The conditions for granting an interlocutory injunction are: a prima facie case with probability of success; irreparable injury not adequately compensable by damages; and, if in doubt, the balance of convenience
- A prima facie case is more than an arguable case; the evidence must show an infringement of a right and the probability of success at trial
- A court cannot issue orders where another court is already dealing with the same matters between the same parties (res judicata)
Court orders
#- 1.The application dated 26th September 2016 is dismissed with costs
- 2.It is so ordered
- Jurisdiction invoked
- Sections 3A and 63(e) of the Civil Procedure Act and Order 40 and Order 50 rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Johnson Wyclife Ambani & another v Henry Lubanga Mwimali & another [2018] KEELC 2388 (KLR)", Case Analysis (2018). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/2388/eng@2018-07-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.