[1997] KECA 331 (KLR)
The Court of Appeal found that the High Court erred by granting a final order of injunction that was neither pleaded nor urged by the parties. The appellate court emphasized that courts are bound to decide only on matters properly before them and should not grant reliefs not sought by the parties. The respondent...
Source-derived case information.
- Citation
- [1997] KECA 331 (KLR)
- Parties
- Appellant: The Church Commissioner of Mount Kenya; Appellant: C.P.K. Diocese of Mount Kenya; Respondent: Vicar in Charge & Parish Committee C.P.K. Kanunga Parish; Respondent: Loise Waringa Njuguna
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 258 of 1996
- Procedural Posture
- Civil Appeal / Appeal Against Order of Injunction From the High Court
- Outcome
- Appeal allowed. High Court order set aside. Application for injunction dismissed with costs to appellants.
- Judges
- AM Akiwumi
- Legal Topics
- Injunctions, Appeals Process, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
The Church Commissioner of Mount Kenya
Appellant
C.P.K. Diocese of Mount Kenya
Appellant
Vicar in Charge & Parish Committee C.P.K. Kanunga Parish
Respondent
Loise Waringa Njuguna
Respondent
Procedural Posture
Civil Appeal / Appeal Against Order of Injunction From the High Court
Legal Issues
- 1 Whether the High Court erred in granting a final order of injunction that was neither pleaded nor urged.
- 2 Whether the costs should follow the event or be borne by each party.
Ratio Decidendi
The Court of Appeal found that the High Court erred by granting a final order of injunction that was neither pleaded nor urged by the parties. The appellate court emphasized that courts are bound to decide only on matters properly before them and should not grant reliefs not sought by the parties. The respondent conceded the appeal, and the court found no reason to depart from the general rule that costs follow the event. Consequently, the appeal was allowed, the High Court's order was set aside, and the application for injunction was dismissed with costs to the appellants.
Court Disposition
Appeal allowed. High Court order set aside. Application for injunction dismissed with costs to appellants.
Orders
- Both appeals are allowed with costs.
- The order of the superior court is set aside.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: AKIWUMI, TUNOI & LAKHA, JJ.A.)
CIVIL APPEAL NO. 258 OF 1996
BETWEEN
1. THE CHURCH COMMISSIONER OF MOUNT KENYA
2. C.P.K. DIOCESE OF MOUNT KENYA ................... APPELLANTS
AND
1. VICAR IN CHARGE & PARISH COMMITTEE C.P.K. KANUNGA PARISH
2. LOISE WARINGA NJUGUNA ........................... RESPONDENTS
(Appeal from the Ruling of the High Court of Kenya at Nairobi (Justice Hayanga) dated 22nd February, 1996 in H.C.C.C. NO. 2281 OF 1995) *****************
RULING OF THE COURT
These are appeals against the Order of the superior court (Hayanga, J.) delivered on 22nd February, 1996. The main ground of appeal is that the learned judge made a final order of injunction which was neither pleaded no urged. In the circumstances the order of the learned judge was in error. Mr. Nyangau for the respondent very properly concedes that the appeal must succeed but he prays that each party shall bear its own costs. We are, however, satisfied that the costs of the appeals must follow the event as there is no reason why the normal rule should be departed from.
Accordingly, both the appeals are allowed with costs and the order of the superior court is set aside. The application for injunction in the court below stands dismissed with costs.
Dated and delivered at Nairobi this 20th day of January, 1997.
A.M. AKIWUMI
...............
JUDGE OF APPEAL
P.K. TUNOI
...............
JUDGE OF APPEAL
A.A. LAKHA
................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR