[2025] KEELC 5064 (KLR)

[2025] KEELC 5064 (KLR)

The court found that the appellants' repeated filing of suits and applications seeking the same reliefs, while related proceedings were still pending or unresolved, constituted an abuse of the court process under Section 6 of the Civil Procedure Act. The appellants' actions were motivated by their failure to obtain a stay of execution in previous proceedings, leading them to initiate new suits to secure orders already denied by higher courts. The court emphasized its inherent jurisdiction to prevent such abuse and held that the application for injunction pending appeal lacked merit, as the appellants had not acted in good faith and were seeking to frustrate the respondents' legitimate...

Citation
[2025] KEELC 5064 (KLR)
Parties
Appellant: Masha Birya Menza; Appellant: Kadii Masha Birya; Respondent: Micro Enterprises Support Programme Trust; Respondent: Paul Jesse Mungatia; Respondent: Golden Services Organization
Court
Environment and Land Court
Court Station
Environment and Land Court at Malindi
Jurisdiction
Kenya
Judgment Date
26 June 2025
Case Number
Land Case Appeal E032 of 2025
Procedural Posture
Land Case Appeal / Ruling on Preliminary Objection and Injunction Application Pending Appeal
Outcome
Preliminary objection upheld; application for injunction pending appeal dismissed with costs to respondents.
Judges
EK Makori
Legal Topics
Abuse of Court Process, Injunction Pending Appeal, Multiple Suits, Res Judicata, Discretionary Remedies
Source Language
English
Civil Procedure Land and Property Abuse of Court Process Injunction Pending Appeal Multiple Suits Res Judicata Discretionary Remedies

Case Brief

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Parties

Masha Birya Menza

Appellant

Kadii Masha Birya

Appellant

Micro Enterprises Support Programme Trust

Respondent

Paul Jesse Mungatia

Respondent

Golden Services Organization

Respondent

Procedural Posture

Land Case Appeal / Ruling on Preliminary Objection and Injunction Application Pending Appeal

Legal Issues

  1. 1 Whether the current appeal and application constitute an abuse of the court process.
  2. 2 Whether an injunction should be issued pending the determination of the appeal.
  3. 3 Who should bear the costs of the application and preliminary objection.

Ratio Decidendi

The court found that the appellants' repeated filing of suits and applications seeking the same reliefs, while related proceedings were still pending or unresolved, constituted an abuse of the court process under Section 6 of the Civil Procedure Act. The appellants' actions were motivated by their failure to obtain a stay of execution in previous proceedings, leading them to initiate new suits to secure orders already denied by higher courts. The court emphasized its inherent jurisdiction to prevent such abuse and held that the application for injunction pending appeal lacked merit, as the appellants had not acted in good faith and were seeking to frustrate the respondents' legitimate...

Court Disposition

Preliminary objection upheld; application for injunction pending appeal dismissed with costs to respondents.

Orders

  • The preliminary objection dated June 12, 2025 is allowed.
  • The application dated May 29, 2025 for injunction pending appeal is dismissed.