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High CourtOtherNot stated in the judgment text provided· [2019] KEHC 8639 (KLR)

WEST COAST AFRICA LTD v ADDAWE ALI ABDI & another

High Court of Kenya
2 April 2019
POP.J.O. Otieno
177 words in judgment
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The bottom line

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If you miss the deadline to file all required court documents, your temporary court orders might automatically expire.

What this practically means

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Executive summary

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This is a short interlocutory ruling delivered by P.J.O. Otieno, Judge, at the High Court of Kenya, Mombasa, on 2 April 2019. After hearing the parties, the court granted the plaintiff leave to file and serve a supplementary affidavit and written submissions within fourteen days, with the respondents and the interested party to file and serve their submissions within a further fourteen days after service. The matter was fixed for hearing on 4 July 2019 by way of highlighting. The central ruling concerned the fate of interim injunction orders: applying Order 40 Rule 3 of the Civil Procedure Rules, the court declared that the interim orders had lapsed because not all pleadings were secured by 18 March 2019, and that they were not available for extension. When the question of a stay arose, the court held that it had merely declared the legal effect of the rule and that a declaration that ex parte interim orders have lapsed is not capable of being stayed unless the court were to grant the injunction afresh. Costs were ordered to be in the cause. The plaintiff was granted leave to appeal against these orders and to be availed copies of the proceedings and order for appeal purposes. The ruling is procedural in nature and establishes no new substantive rights.

Key legal issues

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01

Lapse of interim injunction orders under Order 40 Rule 3

Holding

The interim orders lapsed because not all pleadings were secured by 18/3/2019 and cannot be extended

Reasoning

Order 40 Rule 3 provides that interim injunction orders lapse if the suit is not determined within twelve months. The court found the pleadings were not completed by the deadline, so the orders automatically lapsed and were not available for extension.

p. 2
02

Whether a declaration of lapse can be stayed

Holding

A declaration that interim orders have lapsed is not capable of being stayed

Reasoning

The court reasoned that it merely declared the legal effect of Order 40 Rule 3; a declaration that orders have lapsed is not an order capable of being stayed. The only remedy would be to grant the injunction afresh.

p. 2

Legal principles established

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  • Interim orders of injunction lapse under Order 40 Rule 3 where the suit is not determined within twelve months, and a declaration of lapse cannot itself be stayed

Court orders

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  1. 1.Leave granted to the plaintiff to file and serve a supplementary affidavit and written submissions within 14 days
  2. 2.Respondents and IP to file and serve submissions within 14 days after service
  3. 3.Matter to be heard on 4/7/2019 by way of highlighting
  4. 4.Declaration that under Order 40 Rule 3 the interim orders lapsed when not all pleadings were secured by 18/3/2019 and are not available for extension
  5. 5.Costs in the cause
  6. 6.Leave granted to the plaintiff to appeal against these orders; plaintiff to be availed copies of proceedings and order for appeal purposes

Authorities

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Legislation

  • Civil Procedure RulesOrder 40 Rule 3
Jurisdiction invoked
Not stated in the judgment text provided

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "WEST COAST AFRICA LTD v ADDAWE ALI ABDI & another", Case Analysis (2019). Not stated in the judgment text provided. Source:

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.