Mangi & 7 others v Noor & 4 others
The bottom line
#A Kenyan court refused to stop evictions that had already happened, ruling injunctions cannot undo completed demolitions.
What this practically means
#Executive summary
#Key legal issues
#Whether the Applicants established a prima facie case with a probability of success
They did not; the suit land is the subject of a judgment in ELC Case No. 286 of 2016 which has been executed and has neither been appealed nor set aside
The court applied the Giella v Cassman Brown principles as restated in Nguruman Limited. The petition emanates from a judgment already executed by eviction on 5th December 2021. The Applicants, who were not parties to that suit, had to establish a prima facie case against the Respondents but failed to do so, particularly given the uncertainty about which plot they occupy.
Whether an injunction can issue where the act sought to be restrained has already taken place
No; equity does not act in vain and the court cannot grant an injunction which would be ineffective for practical purposes
Relying on Kalya Soi Farmers' Cooperative Society v Paul Kirui and the Court of Appeal decision in Eric V.J. Makokha v Lawrence Sagini, the court held that since demolition and eviction had already occurred on 5th December 2021, there was nothing left to restrain. The purpose of an injunction is to preserve the substratum of the case, not to undo completed events.
Legal principles established
#- An injunction cannot issue to restrain an event that has already occurred, applying the maxim that equity does not act in vain
- At the interlocutory stage the court does not make final findings of contested facts but weighs the relative strength of the parties' cases
Court orders
#- 1.A ground report by all the parties to the suit be produced in court to ascertain the status within 30 days from the date of the ruling
- 2.Parties to fast track the hearing of the petition
- 3.The application is dismissed with costs to the 1st Respondent
- Jurisdiction invoked
- Articles 22, 23 and 165 of the Constitution of Kenya, 2010; Evictions and Resettlement Procedures Act, 2012
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mangi & 7 others v Noor & 4 others", Case Analysis (2022). Environment and Land Case Civil Suit 5 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/15239/eng@2022-12-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.