[2022] KEELC 2253 (KLR)
The court found that since the main suit was dismissed on 17th April 2018 under Order 17 Rule 2 of the Civil Procedure Rules, there was no longer any legal basis for the orders of inhibition and injunction to remain in force. The court agreed with the applicant that the orders were interlocutory and dependent on the...
Source-derived case information.
- Citation
- [2022] KEELC 2253 (KLR)
- Parties
- Plaintiff: Mutwiri M’Twangure; Defendant: Kirigia Gatwankure
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 45 of 2013
- Procedural Posture
- Environment and Land Case / Ruling on Application to Set Aside Inhibition and Injunction Orders
- Outcome
- Application allowed; orders of inhibition and injunction set aside; no order as to costs.
- Judges
- CK Yano
- Legal Topics
- Dismissal of Suit, Injunction Orders, Inhibition Orders, Order 17 Rule 2 Civil Procedure Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mutwiri M’Twangure
Plaintiff
Kirigia Gatwankure
Defendant
Procedural Posture
Environment and Land Case / Ruling on Application to Set Aside Inhibition and Injunction Orders
Legal Issues
- 1 Whether the orders of inhibition and injunction should be set aside following the dismissal of the suit.
- 2 Whether there is any legal basis for the continued existence of the orders after dismissal of the main suit.
Ratio Decidendi
The court found that since the main suit was dismissed on 17th April 2018 under Order 17 Rule 2 of the Civil Procedure Rules, there was no longer any legal basis for the orders of inhibition and injunction to remain in force. The court agreed with the applicant that the orders were interlocutory and dependent on the existence of the suit. As no response or cause was shown by the respondent, the application to set aside the orders was merited and allowed.
Court Disposition
Application allowed; orders of inhibition and injunction set aside; no order as to costs.
Orders
- The orders of inhibition and injunction granted on 14th October 2014 are hereby set aside and discharged.
- No order as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
M’Twangure v Gatwankure (Environment & Land Case 45 of 2013) [2022] KEELC 2253 (KLR) (6 July 2022) (Ruling)
Neutral citation: [2022] KEELC 2253 (KLR)
Republic of Kenya
In the Environment and Land Court at Meru
Environment & Land Case 45 of 2013
CK Yano, J
July 6, 2022
Between
Mutwiri M’Twangure
Plaintiff
and
Kirigia Gatwankure
Defendant
Ruling
1. The application for consideration is the Notice of Motion by the 2nd defendant/applicant seeking for the discharge and/or setting aside the orders of inhibition and injunction given by the court on 14th October, 2014. The application is supported by the affidavit of Joseph Kinyuru Thuranira sworn on 10th May 2022 and is based on the grounds that the suit was dismissed on 17th April 2018 and therefore there is no longer basis for the existence of the orders of inhibition and injunction.
2. No response was filed in respect of the application even though the respondent was duly served through his advocate on record M/s Otieno & Co Advocates.
3. The orders of inhibition and injunction were granted by the court on 14th October, 2014 pending hearing and determination.
4. The record shows that on 17th April 2018, the matter was listed before Mbugua J for dismissal under Order 17 Rule 2 of the Civil Procedure Rules. The court ordered as follows-;“Notice having been issued to the parties herein under order 17 rule 2 of the civil procedure Rules and in the absence of any cause shown, this matter is hereby dismissed under order 17 rule 2 of the said rules”
5. The suit having been dismissed on 17th April 2018, I do agree with the applicant that there is no basis for the said orders of inhibition and injunction to remain in force. In the result, I find that the 2nd defendant’s application dated 9th May 2022 is merited and the same is hereby allowed but with no order as to costs.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS 6TH DAY OF JULY 2022. In the presence ofC.A MwendaMs Gachohi holding brief for Mutuma for plaintiffNo appearance for defendants.JUSTICE C.K YANOELC JUDGE