John Wekesa Khaoya & another v Paul Juma Wekesa & 13 others [2019] KEELC 3220 (KLR)
The bottom line
#A Kenyan court ruled that an injunction automatically expires after 12 months unless extended, so it cannot be used to punish anyone for contempt.
What this practically means
#Executive summary
#Key legal issues
#Whether the injunction of 2nd October 2013 remained in force when the contempt application was made on 5th October 2018
The injunction lapsed automatically on 2nd October 2014, twelve months after grant, because the suit was not determined within that period and the order was never extended
Order 40 Rule 6 CPR provides that an interlocutory injunction lapses if the suit is not determined within twelve months unless the court orders otherwise. Omollo J had even fixed the suit for hearing on 10th February 2014 and Mukunya J directed parties to withdraw pending applications and fix the suit for hearing. There was no evidence of extension of the injunction. Citing Simon Njagi Njoka v Gatimu Muriithi, a lapsed order ceases to have force of law.
Whether defendants could be cited for contempt of a lapsed order
No; contempt cannot be founded on an order that has lapsed and has no force of law
The term 'lapse' as defined in Black's Law Dictionary means termination of a right or privilege for failure to exercise it within a time limit. Since the injunction expired by operation of Order 40 Rule 6, continued dealing with the land could not constitute disobedience of a subsisting court order, and purporting to cite the defendants would abuse the court process.
Legal principles established
#- Under Order 40 Rule 6 of the Civil Procedure Rules, an interlocutory injunction lapses if the suit is not determined within twelve months unless the court orders otherwise for sufficient reason
- Once an order has lapsed, it ceases to have any force of law and cannot sustain contempt proceedings
Court orders
#- 1.The plaintiffs' Notice of Motion dated 5th October 2018 is dismissed
- 2.No orders as to costs
- 3.Plaintiffs directed to take the earliest dates in the registry for the hearing of the suit
- 4.Hearing set for 4th November 2019 with hearing notice to issue
- Jurisdiction invoked
- Original civil jurisdiction over land dispute; contempt application under Order 40 Rule 6 of the Civil Procedure Rules context
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "John Wekesa Khaoya & another v Paul Juma Wekesa & 13 others [2019] KEELC 3220 (KLR)", Case Analysis (2019). Civil Case No 100 of 2010. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/3220/eng@2019-05-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.