[1996] KECA 60 (KLR)
The Court of Appeal held that the High Court erred in granting an injunction against unnamed persons who were not parties to the suit. The Civil Procedure Rules only permit injunctions to be issued against named parties, and any person against whom an order is sought must be properly joined and named in the...
Source-derived case information.
- Citation
- [1996] KECA 60 (KLR)
- Parties
- Appellant: Virginia Karuara Gakuya; Respondent: Geoffrey Mureithi
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 208 of 1995
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal allowed
- Judges
- RO Kwach, AB Shah
- Legal Topics
- Injunctions, Burial Disputes, Joinder of Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Virginia Karuara Gakuya
Appellant
Geoffrey Mureithi
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether an injunction can be issued against persons who are not named parties to the suit.
- 2 Whether the High Court erred in restraining unnamed relatives from burying the deceased on the suit land.
Ratio Decidendi
The Court of Appeal held that the High Court erred in granting an injunction against unnamed persons who were not parties to the suit. The Civil Procedure Rules only permit injunctions to be issued against named parties, and any person against whom an order is sought must be properly joined and named in the proceedings. The order restraining the relatives of the deceased from burying him on the suit land was therefore invalid. The appeal was allowed, the High Court's order was set aside, and the respondent's application was dismissed with costs. The relatives of the deceased were granted liberty to proceed with the burial on the suit land.
Court Disposition
appeal allowed
Orders
- The appeal is allowed with costs.
- The ruling and order of the High Court dated 21st September, 1995 is set aside.
Full Case Text
Judgment text and source record
24 paragraphs
IN THE COURT OF APPEAL AT NAIROBI
CIVIL APPEAL NO. 208 OF 1995
VIRGINIA KARUARA GAKUYA…..……….……APPELLANT
AND
GEOFFREY MUREITHI………………..…….….RESPONDENT
(Appeal from the Ruling and Orders of the High Court of Kenya at Nyeri (Lady Justice Mary Angawa) dated 21st September, 1995
in
H.C.C.C. NO. 14 OF 1995)
************************
JUDGMENT OF THE COURT
This is an appeal against the ruling and order of Angawa J given on 21st September, 1995 restraining:-
"the servant agent and relatives of the deceased, 3rd defendant and more particularly the wife and the children of the deceased from burying the deceased on the suit land No. Mutira Kaguyu/557 until the hearing and final determination of the suit or further orders."
In our view it is quite clear that Order 39 of the Civil Procedure Rules provides for orders of injunction to be made only against named parties in the suit, which in most cases are against the defendant. If orders are sought against persons who are not parties to the suit they must properly be brought before the court and named. The learned Judge made orders against unnamed persons not before the court. This fact alone is enough to dispose of this appeal. We were not impressed by the submissions of Mr. Waiganjo, for the respondent, that a court can issue an injunction against the whole world.
In the circumstances this appeal must and is thereby allowed with costs. The ruling and order of the Judge dated 21st September, 1995 is set aside and substituted with an order dismissing the respondent's application dated 11th September, 1995 and filed in court on 12th September, 1995, with costs. For the avoidance of doubt it is hereby ordered that the relatives of the deceased are at liberty to bury his remains on the suit land.
Dated and delivered at Nairobi this 5th day of February, 1996.
R.O. KWACH
……………………….
JUDGE OF APPEAL
P.K. TUNOI
………………………
JUDGE OF APPEAL
A.B. SHAH
……………………
JUDGE OF APPEAL