Galot Holdings Limited v Adsite Limited & another [2022] KEELC 1900 (KLR)
The bottom line
#A Kenyan court dismissed a billboard dispute because ordinary civil conflicts cannot be dressed up as constitutional rights cases, and an unopposed application must still be proven.
What this practically means
#Executive summary
#Key legal issues
#Whether a prima facie case of threatened or actual constitutional violation was established
No prima facie case was established; the dispute was a civil dispute over obstruction of a public road and the suit property has direct access to Mombasa Road
The court reviewed the maps and photographs produced by the Petitioner and found that the suit property enjoys direct access to Mombasa Road, so the disputed access road is unnecessary. The photographs also showed the access road was unused by vehicles and that the billboard had not obstructed traffic. The complaint was characterised as an ordinary civil dispute, not a constitutional grievance, and the rights alleged under Articles 27, 40, 42, 47, 50 and 70 were found neither violated nor threatened.
Whether the prohibitory and mandatory injunctions sought could issue
Neither could issue: the prohibitory relief was overtaken by events and the mandatory relief lacked exceptional circumstances
The court noted that a prohibitory injunction cannot restrain an act already completed, since the billboard was already erected. As for the mandatory injunction, it reiterated the principle from the Court of Appeal authorities that mandatory injunctions at the interlocutory stage are granted only where the applicant establishes special or exceptional circumstances, which the Petitioner failed to demonstrate on the material before the court.
Legal principles established
#- A party seeking conservatory orders must satisfy the conditions for their grant even where the application is unopposed
- An interlocutory mandatory injunction is granted only in exceptional circumstances
- Straightforward civil disputes should not be brought by way of constitutional petition
Court orders
#- 1.The Notice of Motion application dated 26th February 2015 (sic) fails and is dismissed
- 2.No order as to costs
- Jurisdiction invoked
- Articles 22, 23 and 159 of the Constitution and the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Galot Holdings Limited v Adsite Limited & another [2022] KEELC 1900 (KLR)", Case Analysis (2022). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/1900/eng@2022-01-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.