David Gikonyo Njiiri (Suing as the legal representative and administrator of the Estate of the late Wilson Njiiri Gikonyo –Deceased) v Ruth Mary Wangui & 7 others [2021] KEELC 573 (KLR)
The bottom line
#A Kenyan land court refused to rehear an injunction already decided in the same case, dismissing the estate's application with costs.
What this practically means
#Executive summary
#Key legal issues
#Review of the order of 22/6/2021 on service
Review failed on the plaintiff's own evidence, but the service issue was laid to rest by the defendants' admission of service in the replying affidavit
The plaintiff relied on an affidavit of service dated 18/11/2020, but no attachment proving service on Mr Ikua's firm was on the record, so the review would fail on the plaintiff's evidence alone. However, Mr Ikua's replying affidavit acknowledged service, and the court held the issue should rest on that admission.
Res judicata as to the injunction prayer
The injunction prayer was res judicata, an identical application having been heard and determined on merits by Munyao J on 1/3/2017, a ruling now the subject of a pending appeal
The court compared the prayers in the present application with those determined in the ruling reported as David Gikonyo Njiiri v Ruth Mary Wangui and 7 Others [2017] eKLR in ELC No. 193 of 2014, the same suit. The appeal against that ruling pends before the Court of Appeal, but that did not displace res judicata.
Ancillary prayers against a non-party and for compensation
Refused: orders against a non-party cannot issue absent a claim; compensation cannot be granted at the interlocutory stage
Jane Muthoni Kanyuira was a stranger not joined by any normal mode of commencing suit, so summons, inquiry and attachment of crop proceeds could not issue against her. Compensation for damages to the suit property was a substantive remedy reserved for the full hearing.
Legal principles established
#- An injunction prayer that has already been heard and determined on its merits cannot be re-litigated in the same suit; such a plea is res judicata
- Orders against a non-party cannot be granted where no claim against that person has been established by any normal method of commencing suit
Court orders
#- 1.The application dated 18/8/2021 is dismissed with costs to the respondents
- On appeal from
- null
- null
- Jurisdiction invoked
- Environment and Land Court jurisdiction over the suit land parcel Njoro/Ngata Block 1/61; applicant invoked the court's power of review of its own orders
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "David Gikonyo Njiiri (Suing as the legal representative and administrator of the Estate of the late Wilson Njiiri Gikonyo –Deceased) v Ruth Mary Wangui & 7 others [2021] KEELC 573 (KLR)", Case Analysis (2021). ELC No. 193 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/573/eng@2021-12-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.