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MagistrateDismissedNot stated in the judgment (Notice of Motion dated 3rd June 2022 filed 21st June 2022 in the main suit)· [2023] KEMC 289 (KLR)

Mateli v Kieti (Environment & Land Case E062 of 2022) [2023] KEMC 289 (KLR)

Principal Magistrate's Court at Machakos
26 January 2023
COC.N. Ondieki
9,183 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~37 min to read original · ~4 min brief

The bottom line

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A Kenyan court refused a land buyer's injunction because he hid from the court that most of his purchase money had already been refunded.

What this practically means

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Executive summary

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The Plaintiff bought land parcel Mitaboni/Ngelani/803 from the Defendant on 3rd November 2015 for Kshs. 2,325,000 and sued for a permanent injunction and an order compelling transfer, alleging the Defendant re-entered the property on 6th June 2022 and destroyed his crops. Together with the Plaint he filed a Notice of Motion seeking a prohibitory preliminary interlocutory injunction. The Respondent opposed, deposing that the contract was mutually rescinded, that Kshs. 2,075,000 of the purchase price had already been refunded through the Applicant's Equity Bank account by his children, leaving only Kshs. 250,000 outstanding, and that the Applicant concealed this material fact. The Court distilled two issues: whether the Application met the threshold for a prohibitory interlocutory injunction, and who should bear costs. After an extensive review of the jurisprudence - Giella vs Cassman Brown, American Cyanamid, and the flexible approach in Mosaic Potash - the Court held that the Applicant failed to make full and frank disclosure of the mutual rescission and substantial refund, approaching the Court with soiled hands and disqualifying himself from equitable relief. He consequently failed to demonstrate a prima facie case or a serious question to be tried, showed no irreparable harm, and failed on the balance of convenience. The Application was dismissed with costs in the cause, and the Plaintiff was directed to set the matter down for pre-trial conference within 30 days. Judgment was delivered by C.N. Ondieki, Principal Magistrate, on 26th January 2023 at Machakos.

Key legal issues

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01

Whether the Application met the threshold for a prohibitory interlocutory injunction

Holding

The Application failed on all three Giella conditions: no prima facie case (or serious question to be tried) owing to non-disclosure of the mutual rescission and refund, no irreparable harm demonstrated, and no balance of convenience in the Applicant's favour.

Reasoning

The Court found the Respondent's deposition of mutual rescission and payment of Kshs. 2,075,000 refund uncontroverted and undisclosed by the Applicant. That non-disclosure was inequitable conduct disqualifying him from equitable relief, defeating the prima facie case and the alternative serious-question test. Irreparable harm was not shown since any loss was quantifiable in monetary terms, and the balance of convenience did not tilt in his favour.

p. 12
02

Who should bear the costs of the Application

Holding

Although costs ordinarily follow the event, the Court directed that costs be in the cause given the interlocutory nature of the ruling and the interests of justice.

Reasoning

The Court restated the discretionary nature of costs, the principle that costs follow the event, and that costs compensate rather than penalize. Because the Application was dismissed at an interlocutory stage and the main suit remains pending for trial, the Court reserved costs to the cause rather than awarding them outright to the Respondent.

p. 14

Legal principles established

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  • An Applicant for an interlocutory injunction bears an inexorable duty of full and frank disclosure; failure to disclose material facts renders him undeserving of an equitable remedy.
  • The Giella conditions are sequential and apply to both interlocutory and permanent injunctions, and are not inflexible straightjackets; the ultimate focus is the justice and equity of the situation.
  • A party who comes to equity with unclean hands cannot benefit from an equitable remedy.

Court orders

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  1. 1.The Notice of Motion dated 3rd June 2022 seeking an interlocutory injunction is dismissed
  2. 2.Costs of the Application shall be in the cause
  3. 3.The Plaintiff is directed to take immediate steps to set the matter down for a pre-trial conference within 30 days
Jurisdiction invoked
Section 63 of the Civil Procedure Act and Order 40 of the Civil Procedure Rules

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Mateli v Kieti (Environment & Land Case E062 of 2022) [2023] KEMC 289 (KLR)", Case Analysis (2023). Not stated in the judgment (Notice of Motion dated 3rd June 2022 filed 21st June 2022 in the main suit). Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2023/289/eng@2023-01-26

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