Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCOtherPetition No 17 of 2020· [2022] KEELC 553 (KLR)

Morrison M. Muriuki v Lawrence Karugu Kimani & another [2022] KEELC 553 (KLR)

Environment and Land Court
24 March 2022
808 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

#

A Kenyan court cannot revive an application it already dismissed, so parties must pursue set-aside or appeal routes before seeking fresh interim orders.

What this practically means

#

Executive summary

#
This is a ruling/directions decision of the Environment and Land Court at Thika in a constitutional petition (Petition No 17 of 2020) filed by Morrison M. Muriuki against Lawrence Karugu Kimani and Githunguri Constituency Ranching Company Limited. The Petitioner alleged contravention of Articles 28, 40, 43, 47 and 64 of the Constitution arising from a threatened eviction from plots subdivided from land he said he bought in 2002 and subdivided to 14 purchasers in 2011. By Notice of Motion dated 13/5/2020 he sought an interim conservatory order restraining the Respondents from evicting or interfering with possession of the suit plots pending the hearing of the Petition. Both Respondents opposed through replying affidavits: the 1st Respondent claimed ownership of the parent land through allocation by the 2nd Respondent (Share Certificate No. 5566, Ballot No. 1601) and alleged the Petitioner's acquisition was fraudulent; the 2nd Respondent's Chairman likewise affirmed the 1st Respondent's ownership. On 30/11/2020 the Court dismissed the Motion for non-filing of written submissions and non-prosecution, with costs in the cause. Despite this, on 2/6/2021 the parties addressed the Court on the same Motion. Kemei J held that since the dismissal orders had never been varied, set aside or appealed, there was no valid Motion on record on which to render a ruling, and declared the Motion dismissed. The Petitioner was granted liberty to fix the main Petition for hearing expeditiously. No costs order was made in the ruling itself.

Key legal issues

#
01

Status of the Notice of Motion dated 13/5/2020

Holding

The Motion stood dismissed by the orders of 30/11/2020 and there was no valid Motion on record on which the Court could render a ruling

Reasoning

The Court recorded that on 30/11/2020 it had dismissed the Motion for non-filing of written submissions and non-prosecution. Parties later sought, on 2/6/2021, to canvass the same Motion notwithstanding its dismissal. The Court held that since the dismissal orders had never been varied, set aside or appealed, no valid Motion remained on record. The Petitioner remained free to fix the main Petition for hearing.

p. 2

Legal principles established

#
  • Where a court has dismissed an application and that dismissal has not been varied, set aside or appealed against, the application cannot be canvassed afresh and no ruling can issue on it

Court orders

#
  1. 1.A declaration that the Notice of Motion dated 13/5/2020 stands dismissed
  2. 2.Liberty to the Petitioner to expeditiously fix the Petition for hearing at the earliest

Authorities

#

Legislation

  • Constitution of KenyaArticle 22(1)
  • Constitution of KenyaArticle 28
  • Constitution of KenyaArticle 40
  • Constitution of KenyaArticle 43
  • Constitution of KenyaArticle 47
  • Constitution of KenyaArticle 64
  • Land ActSections 43 & 44
  • Land Registration ActSections 24, 25, 29, 30, 34, 37, 42
  • Constitution of Kenya (Protection of Rights and Fundamental Freedoms and Enforcement of the Constitution) Practice and Procedure Rules, 2012General
Jurisdiction invoked
Article 22(1) of the Constitution of Kenya and the Constitution of Kenya (Protection of Rights and Fundamental Freedoms and Enforcement of the Constitution) Practice and Procedure Rules, 2012

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Morrison M. Muriuki v Lawrence Karugu Kimani & another [2022] KEELC 553 (KLR)", Case Analysis (2022). Petition No 17 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/553/eng@2022-03-24

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.