David Njunu Koinange v Edward Kibe Wanjohi & 5 others [2021] KEELC 1107 (KLR)
The bottom line
#A Kenyan court struck out an injunction application over land because its own wording offered no protection once the application was decided.
What this practically means
#Executive summary
#Key legal issues
#Whether the application dated 5/11/2020 was sub judice given existing orders in Nakuru CM ELC E114/2020
The court did not reach a finding on sub judice because it struck out the application at the threshold on the defective prayers
The defendants raised a preliminary issue in their grounds of opposition that prayers 2 and 3 duplicated existing injunctive relief and had been overtaken by events. The court found that the prayers sought relief only pending hearing and determination of the application itself, rendering them purposeless once determined. Rather than determine sub judice or the merits, the court struck out the application in limine despite submissions having been filed.
Whether the plaintiff/applicant was entitled to injunctive relief over land parcel No. 8669 Muthera Farm
Not determined; the application was struck out on a drafting defect before consideration of the merits
Although the applicant, as administrator of the estate of Mbiyu Koinange, sought conservatory orders alleging interference with the suit property by third parties in collusion with family members, the court declined to address entitlement. It held the manner of drafting left it no choice but to strike out the application at the threshold, noting both parties had addressed the defective prayers in grounds and submissions.
Legal principles established
#- A court cannot grant a prayer that has not been properly sought; defective prayer drafting that renders any orders granted ineffective is fatal to the application
Court orders
#- 1.Striking out of the application dated 5/11/2020
- 2.Each party to bear their own costs of the application
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over disputes relating to land (interlocutory application in a land matter)
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Ngure v Ndungu & another[2022] KEELC 15427 (KLR)22 Nov 2022applied
Cite this brief
#Cite this brief
Caselaw, "David Njunu Koinange v Edward Kibe Wanjohi & 5 others [2021] KEELC 1107 (KLR)", Case Analysis (2021). Not stated in the judgment (related suit: S.C. 527/1981). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/1107/eng@2021-11-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.