Menza & another v Micro Enterprises Support Programme Trust & 2 others (Land Case Appeal E032 of 2025) [2025] KEELC 5064 (KLR)
The bottom line
#Kenya's Environment and Land Court in Malindi blocked landowners from filing fresh suits on issues already before a court, awarding costs to the lenders.
What this practically means
#Executive summary
#Key legal issues
#Whether the appeal and application were an abuse of court process
Yes - the suit was filed while the earlier appeal (Malindi ELCA No. E024 of 2024) was still pending, contrary to Section 6 of the Civil Procedure Act, and the new proceedings were a device to obtain relief a higher court had refused.
The court found that when the fresh suit was filed on February 4/5, 2025, the notice of withdrawal of the prior appeal had not yet been adopted (adopted March 6, 2025), so proceedings were still live. Filing a parallel suit on identical issues breached the sub judice rule and was a scheme to obtain a stay/refusal-based injunction the appellate court had already declined to grant.
Whether an injunction pending appeal should issue
No - the application failed the Order 42 Rule 6(6) principles; the applicants had not acted in good faith and their appeal was an abuse of process.
Applying the principles in Patricia Njeri & 3 Others v National Museum of Kenya and Charter House Investments Ltd v Simon K. Sang, the court held an injunction is an equitable, discretionary remedy, refused where the appeal is frivolous or the applicant lacks good faith. The Appellants' abuse of process disentitled them to the discretion.
Costs
Costs awarded to the Respondents.
Having dismissed the injunction application and upheld the Preliminary Objection, the court exercised its discretion on costs in favour of the Respondents.
Legal principles established
#- Filing a fresh suit on the same subject matter while related proceedings are still pending before a higher court violates Section 6 of the Civil Procedure Act and constitutes abuse of court process.
- Courts possess an inherent jurisdiction to prevent abuse of their process and a duty to stop proceedings that misuse it.
- An injunction pending appeal is discretionary, not a matter of right, and is refused where the applicant has not acted in good faith.
Court orders
#- 1.The Preliminary Objection dated June 12, 2025 is allowed
- 2.The application dated 29th May 2025 for an injunction pending appeal is dismissed
- 3.Costs awarded to the Respondents
- On appeal from
- Chief Magistrate's Court, Kilifi (SPMC ELC)
- Kilifi SPMC ELC No. E017 of 2025
- Jurisdiction invoked
- Appellate jurisdiction over appeals from the Chief Magistrate's Court (Environment and Land Court), with the motion under Order 42 Rule 6(6) of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Menza & another v Micro Enterprises Support Programme Trust & 2 others (Land Case Appeal E032 of 2025) [2025] KEELC 5064 (KLR)", Case Analysis (2025). Malindi ELCA (appeal from Kilifi SPMC ELC No. E017 of 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5064/eng@2025-06-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.