Omao v Omao & another (Environment & Land Case 93 of 2021 & 246 of 2014 & 81 of 2016 (Consolidated)) [2025] KEELC 4097 (KLR)
The bottom line
#Kenya's Environment and Land Court refused to strike out a land dispute suit, confirming that such applications must rely only on the pleading itself.
What this practically means
#Executive summary
#Key legal issues
#Whether a Plaint can be struck out for want of a reasonable cause of action based on matters outside the Plaint
No - such an application must stand or fall on the pleading alone; extraneous evidence such as a notice of withdrawal or interlocutory rulings cannot be considered
Order 2 Rule 15(2) expressly bars evidence on applications under Rule 15(1)(a). The rationale is to dispose of baseless litigation speedily by scrutiny of the pleading itself, on the assumption that its allegations are true. The Applicants' case rested on a later affidavit, an alleged notice of withdrawal and a 2014 interlocutory ruling, none of which appear on the face of the Plaint, so the application contravened the rule and had to fail.
Whether the suit had been withdrawn such that the remaining plaintiffs lacked locus standi
There was no order of withdrawal on record and the plaintiff denied withdrawing the suit; the earlier 2014 ruling on locus could not justify striking out the Plaint on this application
The Applicants argued that an affidavit by the First Plaintiff disowning the case and a notice of withdrawal, together with a ruling of 14th November 2014, left the remaining plaintiffs without locus standi. The plaintiff deposed she never withdrew the suit and no withdrawal order existed on record. In any event, these are extraneous matters inadmissible on a no-cause-of-action striking-out application.
Legal principles established
#- Striking out of a pleading is a draconian discretionary power to be deployed only in the clearest of cases; a pleading raising a triable issue should proceed to trial
- On an application under Order 2 Rule 15(1)(a) for striking out for want of a reasonable cause of action, no evidence is admissible; the court must look only at the pleading
Court orders
#- 1.Notice of Motion dated 3rd October 2023 dismissed
- 2.Costs in the cause
- Jurisdiction invoked
- Environment and Land Court jurisdiction under the consolidated suits transferred and assigned as Nyamira ELC No. 93 of 2021
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Omao v Omao & another (Environment & Land Case 93 of 2021 & 246 of 2014 & 81 of 2016 (Consolidated)) [2025] KEELC 4097 (KLR)", Case Analysis (2025). Kisii ELC No. 246 of 2014 (consolidated as Nyamira ELC No. 93 of 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4097/eng@2025-05-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.