Chepkwony v Langat & 3 others (Environment & Land Case 13 of 2011) [2022] KEELC 3507 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether a permanent injunction restraining burial of the 4th Defendant's remains on the suit land should issue
Yes; the Plaintiff is the declared registered proprietor of the suit land and no appeal was filed, and the Defendants' continuous defiance of court orders justified the permanent injunction
The court noted judgment of 3rd February 2017 declared the Plaintiff proprietor of the suit premises with an order for vacation, and no appeal was lodged. The Defendants neither controverted the application nor denied the claim, and had been held in contempt of the eviction orders. Relying on the Kenya Power case on permanent injunctions and Republic v Senior Registrar of Titles Ex-Parte Brookside Court Limited on statutory sanctity of title, the court held the Plaintiff had made out his case and issued the permanent injunction.
Whether the court should review its order of 10th September 2018 substituting Ronboy Auctioneers with Indomitable Auctioneers
Yes; the loss of contact with the appointed auctioneers amounted to discovery of new and important matter not within the Applicant's knowledge at the time of the order
Section 80 of the Civil Procedure Act confers the power of review while Order 45 Rule 1 of the Civil Procedure Rules restricts its grounds. The Plaintiff demonstrated that at the time Ronboy Auctioneers were appointed he did not know he would lose touch with them before execution, and this discovery was new and important matter unknown to him at the time of the order. The court therefore allowed the second limb and appointed Indomitable Auctioneers.
Legal principles established
#- A permanent injunction is granted upon the hearing of the suit and fully determines the rights of the parties before the court
- Sanctity of title to registered land is assured and protected under Sections 24, 25 and 26 of the Land Registration Act
- The grounds for review are discovery of new and important matter, mistake or error apparent on the face of the record, or any other sufficient reason, and the application must be made without unreasonable delay
Court orders
#- 1.A permanent injunction issued against the Defendants barring them and/or any other person acting on their behalf from burying the remains of the 4th Defendant on the suit land
- 2.Indomitable Auctioneers of PO Box 1133 Kericho appointed to execute the Judgment and decree of the Court of 3rd February 2017
- 3.The Plaintiff's application dated 16th February 2022 allowed with costs at a lower scale since it was undefended
- Jurisdiction invoked
- Original civil jurisdiction over land (Environment and Land Court); review jurisdiction under Section 80 of the Civil Procedure Act and Order 45 Rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Chepkwony v Langat & 3 others (Environment & Land Case 13 of 2011) [2022] KEELC 3507 (KLR)", Case Analysis (2022). Not stated in the excerpt (suit land L.R No. Transmara/Olosakwana “B”/29). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/3507/eng@2022-07-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.