Bohemian Fairtrade Self Help Group (Suing through their registered officials Solomon Ommani (Chairman), Ibrahim Omare Ombasa (Secretary), Wycliff Odhiambo Wamalwa (Treasurer) v Amin (Land Case E036 of 2025) [2025] KEELC 8626 (KLR) (11 December 2025) (Ruling)

Bohemian Fairtrade Self Help Group (Suing through their registered officials Solomon Ommani (Chairman), Ibrahim Omare Ombasa (Secretary), Wycliff Odhiambo Wamalwa (Treasurer) v Amin (Land Case E036 of 2025) [2025] KEELC 8626 (KLR) (11 December 2025) (Ruling)

The Plaintiff/Applicant is the registered proprietor of the suit properties and is in possession. There is no evidence of due process having been followed to impeach the titles. The Applicant has established a prima facie case, and the balance of convenience and risk of irreparable harm favour maintaining the status quo. An order of status quo is appropriate pending determination of the main suit.

Citation
[2025] KEELC 8626 (KLR)
Parties
Plaintiff/applicant: Bohemian Fairtrade Self Help Group; Defendant/respondent: Abdul Aziz Amin
Court
Environment and Land Court
Jurisdiction
Kenya
Judgment Date
11 December 2025
Case Number
Land Case E036 of 2025
Procedural Posture
Notice of Motion (interlocutory Application) in Environment and Land Court Case / Ruling on Application for Interim Injunction
Outcome
Application allowed in part; status quo order granted
Legal Topics
Interlocutory Injunctions, Title to Land, Fraudulent Transfer of Land, Status Quo Orders
Source Language
English
Land Law Civil Procedure Interlocutory Injunctions Title to Land Fraudulent Transfer of Land Status Quo Orders

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Parties

Bohemian Fairtrade Self Help Group

Plaintiff/applicant

Abdul Aziz Amin

Defendant/respondent

Procedural Posture

Notice of Motion (interlocutory Application) in Environment and Land Court Case / Ruling on Application for Interim Injunction

Legal Issues

  1. 1 Whether the Plaintiff/Applicant is entitled to interim injunctive orders restraining the Defendant/Respondent from interfering with the suit properties pending hearing and determination of the suit

Ratio Decidendi

The Plaintiff/Applicant is the registered proprietor of the suit properties and is in possession. There is no evidence of due process having been followed to impeach the titles. The Applicant has established a prima facie case, and the balance of convenience and risk of irreparable harm favour maintaining the status quo. An order of status quo is appropriate pending determination of the main suit.

Court Disposition

Application allowed in part; status quo order granted

Orders

  • Order of status quo to be maintained: Plaintiff/Applicant remains in possession and occupation of LR Naivasha/Maraigushu Block 10/991 and LR Naivasha/Maraigushu Block 10/358-373 (Kedong) as at the time of filing suit; no eviction or disruption of occupation.
  • Applicants not to deal with the land adversely.