Purity Muthoni Plein v National Oil Corporation of Kenya & another [2021] KEELC 981 (KLR)
The bottom line
#Kenya's Environment and Land Court refused to throw out a land dispute, confirming that weak-looking cases deserve their day in court.
What this practically means
#Executive summary
#Key legal issues
#Whether the suit discloses a reasonable cause of action against the 1st Defendant
It does; applying D.T Dobie, the mere possibility of alternative dispute resolution avenues does not mean the suit discloses no reasonable cause of action
Applying the test in D.T Dobie & Co (K) Ltd v Muchina, a cause of action exists if the plaint's allegations show some chance of success. The court was not satisfied the suit was hopeless or incurable by amendment, so striking out under Order 2 Rule 15 was unwarranted even though the NEMA licence had not been granted.
Whether the suit is an abuse of the court process
It is not; there was no evidence of malice, bad faith, dishonesty or an improper or ulterior purpose
Relying on Trust Bank Limited v H.S Amin & Company Ltd, the court held that abuse requires an improper or ulterior purpose. The Plaintiff was vindicating perceived rights, and the mere existence of alternative statutory remedies under EMCA and physical planning legislation did not render the suit abusive.
Legal principles established
#- A suit discloses a reasonable cause of action if it has some chances of success when only the allegations in the plaint are considered; it need not be a strong case
- A suit ought not to be summarily dismissed unless it is so hopeless and beyond redemption that it plainly discloses no reasonable cause of action, incurable by amendment
- The availability of alternative remedies before statutory bodies does not, without more, amount to abuse of court process
Court orders
#- 1.The 1st Defendant's notice of motion dated 13th May, 2019 is dismissed
- 2.No order as to costs
- Jurisdiction invoked
- Order 2 Rule 15(a) & (d), Order 51 Rule 1 of the Civil Procedure Rules, 2010 and Section 3A of the Civil Procedure Act (Cap. 21)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Purity Muthoni Plein v National Oil Corporation of Kenya & another [2021] KEELC 981 (KLR)", Case Analysis (2021). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/981/eng@2021-11-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.