Hellen Chelangat Ruto v Philip Ngeno & another [2019] KEELC 3174 (KLR)
The bottom line
#The Kericho Environment and Land Court refused to strike out a sister's land occupation claim, ruling genuine disputes deserve a full hearing.
What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiff's suit is scandalous, frivolous and an abuse of court process warranting striking out under Order 2 Rule 15(1)
The application was dismissed; the Plaintiff's claim, based on occupation of the suit property with the registered owner's permission since 1986, discloses a genuine dispute fit for trial on the merits.
Applying the definitions of scandalous, frivolous and vexatious pleadings, the court found the Plaintiff's claim neither disgraceful nor groundless. The court invoked the caution in D.T. Dobie that courts should sustain rather than terminate suits, and the Court of Appeal's insistence on the right to a hearing and proportionality. It noted the registered owner Rorogu Cheruiyot Ngeno should ideally be enjoined to shed light on the dispute.
Legal principles established
#- A suit should not be summarily dismissed unless it plainly and obviously discloses no reasonable cause of action and is beyond redemption by amendment.
- The right to a hearing is a well-protected constitutional right and dismissal of suits must protect the integrity of the court process with proportionality.
Court orders
#- 1.The Defendants' Notice of Motion dated 29.1.2019 is dismissed
- 2.Costs of the application shall be in the cause
- Jurisdiction invoked
- Order 2 Rule 15(1)(a),(b) and (d) of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Hellen Chelangat Ruto v Philip Ngeno & another [2019] KEELC 3174 (KLR)", Case Analysis (2019). Kericho ELCC (E&L) — Notice of Motion dated 29.1.2019 (suit number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/3174/eng@2019-04-16
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