Local Authorities Provident Fund (Lapfund) v Emily Katito Kasirimo & 4 others [2021] KEELC 4202 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the orders of 18th July, 2017 should be discharged, varied or set aside on review
The application for review fails; the threshold under Section 80 CPA and Order 45 CPR was not met.
The orders were issued on 18th July 2017 with the deceased's full awareness and participation; he neither appealed nor sought review. The applicants sought review almost three years later without explaining the delay, without showing discovery of new and important matter, and without demonstrating any error apparent on the face of the record. The deceased had admitted receipt of part of the purchase price from the 5th Defendant in his replying affidavit.
Whether an interlocutory injunction should issue against the Plaintiff
No injunction; the applicants failed to establish a prima facie case, the first Giella condition.
It is not disputed that the Plaintiff is the registered proprietor of Kajiado/Kaputiei North/52489, having been sold the parcel by the 4th Defendant, and that parcel 1020 has been subdivided and no longer exists. The defendants did not show the subdivisions still form part of the deceased's estate. Having failed on the first Giella condition, the court, following Nguruman, declined to consider irreparable injury and balance of convenience.
Legal principles established
#- An application for review must satisfy the grounds in Section 80 of the Civil Procedure Act and Order 45 rule 1 of the Civil Procedure Rules, be made without unreasonable delay, and unexplained delay of almost three years is fatal.
- Where a prima facie case is not established, the remaining Giella conditions (irreparable injury and balance of convenience) need not be considered.
Court orders
#- 1.The Notice of Motion application dated 30th July, 2020 is dismissed.
- 2.Costs will be in the cause.
- Jurisdiction invoked
- Section 80 of the Civil Procedure Act and Order 45 of the Civil Procedure Rules (review of the court's own orders), within the court's original jurisdiction over the pending suit
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Local Authorities Provident Fund (Lapfund) v Emily Katito Kasirimo & 4 others [2021] KEELC 4202 (KLR)", Case Analysis (2021). Not stated in the extract (Notice of Motion dated 30th July, 2020 in the pending suit). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/4202/eng@2021-02-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.