Faith & Hope Properties Kenya Limited & 7 others v Waweru & 3 others
The bottom line
#A Kenyan court struck out land-buyers' claims against the Land Registrar and Surveyor, ruling you cannot sue public officers just to enforce a future court order.
What this practically means
#Executive summary
#Key legal issues
#Whether the second and third limbs of the preliminary objection were valid preliminary objections
Both limbs failed as they were vague and did not identify the law breached or undisputed facts
The court applied the Mukisa Biscuits threshold: an objection must rest on points of law with undisputed facts. The averment of fundamental defectiveness gave no reference to any law; the Law of Contract Act objection did not specify how the provisions were breached or the undisputed facts relied on, so neither qualified as a preliminary objection.
Whether the suit discloses a reasonable cause of action against the 3rd and 4th Defendants
It does not; the suit was struck out against them
The plaintiffs' grievance concerns the sale contracts with the 1st and 2nd Defendants; the reliefs sought (specific performance and permanent injunction) do not implicate the Land Registrar or County Land Surveyor. Joining public officers merely to execute a probable decree would encourage unnecessary litigation against them, and they need not be parties to comply with a decree.
Legal principles established
#- A preliminary objection must be clear, precise and based only on points of law where facts are not in contest
- A defendant may only be joined where there is an apparent cause of action against them, not merely to enforce probable court orders
- Public officers need not be sued to compel compliance with court orders effecting a decree
Court orders
#- 1.The suit is struck out as against the 3rd and 4th Defendants for failure to disclose a reasonable cause of action
- 2.Costs of the preliminary objection to the 3rd and 4th Defendants
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court under Article 162(2)(b) of the Constitution (implied; not expressly cited in the ruling)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Faith & Hope Properties Kenya Limited & 7 others v Waweru & 3 others", Case Analysis (2023). Environment & Land Case E058 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/20371/eng@2023-10-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.