Kalori Barasa Otuba & 5 others v Monica Nafula Adui & another [2019] KEELC 4899 (KLR)
The bottom line
#A Kenyan court refused to let six men join a land case as plaintiffs because their real dispute was with the plaintiffs, not the defendant.
What this practically means
#Executive summary
#Key legal issues
#Whether the Applicants could be joined as Plaintiffs
Joinder as Plaintiffs was not feasible; the Applicants oppose the Plaintiffs and should have sought a different capacity
The court held that joinder as Plaintiffs presupposes a common adversary. The Applicants' grievance is against the Plaintiffs, who obtained a restraining order affecting them, and the Defendant is their brother, not their adversary. Their application was therefore incompetent and muddled, and Order 1 Rule 1 requirements were not met.
Whether a counter-injunction against the order of 19/7/2017 could issue
No; the proper remedy was to seek stay or setting aside of the order, not a counter-injunction
The court found the applicants sought an anomalous order to neutralise an earlier restraining order whose merits had not been successfully challenged. There is clear case law and statutory provision on stay or setting aside which the Applicants ignored.
Legal principles established
#- A party seeking joinder must demonstrate a right or relief against the party on whose side they seek to be placed, under Order 1 Rule 1
- Injunctive relief cannot be granted to a person who is not yet a proper party to the suit
Court orders
#- 1.The application dated 31/7/2017 is dismissed with costs to the Respondents
- Jurisdiction invoked
- Order 1 Rule 1 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act (cap 21)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kalori Barasa Otuba & 5 others v Monica Nafula Adui & another [2019] KEELC 4899 (KLR)", Case Analysis (2019). Notice of Motion dated 31/7/2017 (suit pending; Plaintiffs Monicah Nafula & Judith Nerima Ogombe v Leonard Shanya). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/4899/eng@2019-01-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.