https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8461
The application failed because an injunction had already been issued by the Environment and Land Court over the same parcel of land, Bukira/Bwisaboka/26, making a fresh injunction unnecessary and the parallel pursuit of the same land dispute in this court and in the ELC impermissibly duplicative. The Applicant was...
Source-derived case information.
- Citation
- [2026] KEHC 8461 (KLR)
- Parties
- Applicant: James Kumba Nyabera; 1st Respondent: John Getangita Mohabe; 2nd Respondent: Thomas Omahe Philip
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application E025 of 2025
- Procedural Posture
- Civil Miscellaneous Application / Ruling on Notice of Motion for Injunction, Stay, and Leave to Appeal
- Outcome
- Application dismissed for lack of merit.
- Judges
- ["ACA Ong’injo"]
- Legal Topics
- Injunctions, Stay of Proceedings, Leave to Appeal, Parallel Proceedings, Res Judicata Like Duplication of Claims, Land Parcel Ownership Dispute, Jurisdictional Overlap
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Kumba Nyabera
Applicant
John Getangita Mohabe
1st Respondent
Thomas Omahe Philip
2nd Respondent
Procedural Posture
Civil Miscellaneous Application / Ruling on Notice of Motion for Injunction, Stay, and Leave to Appeal
Legal Issues
- 1 Whether the Applicant had met the threshold for injunction against interference with parcel No. Bukira/Bwisaboka/26.
- 2 Whether a stay of further proceedings in Succession Cause No. 11 of 2018 was warranted.
- 3 Whether leave should be granted to appeal against the ruling and orders of 24th April 2025.
Ratio Decidendi
The application failed because an injunction had already been issued by the Environment and Land Court over the same parcel of land, Bukira/Bwisaboka/26, making a fresh injunction unnecessary and the parallel pursuit of the same land dispute in this court and in the ELC impermissibly duplicative. The Applicant was already pursuing the substantive land claim elsewhere, so the present application was futile and lacking in merit.
Court Disposition
Application dismissed for lack of merit.
Orders
- Notice of Motion dated 11th June 2025 dismissed.
- Costs awarded to the Respondents.
Full Case Text
Judgment text and source record
1 paragraphs
Nyabera v Mohabe & another (Civil Miscellaneous Application E025 of 2025) [2026] KEHC 8461 (KLR) (11 June 2026) (Ruling) Neutral citation: [2026] KEHC 8461 (KLR) Republic of Kenya In the High Court at Migori Civil Miscellaneous Application E025 of 2025 ACA Ong’injo, J June 11, 2026 Between James Kumba Nyabera Applicant and John Getangita Mohabe 1st Respondent Thomas Omahe Philip 2nd Respondent Ruling 1.Before this court is Notice of Motion application dated 11th June 2025 seeking that this Honourable Court be pleased to issue an order of injunction against the 1st and 2nd Respondents by themselves, their agents, servants or whosoever acting on their behalf from interfering in any way with parcel No. Bukira/Bwisaboka/26 pending the hearing and determination of this application.1.That this Honourable Court be pleased to issue an order of stay of any further proceedings before the Senior Principal Magistrate Court in Succession Cause Number 11 of 2018 pending the hearing and determination of this application.2.That this Honourable Court be pleased to grant the Applicant leave to file an Appeal against the Ruling and orders of 24th April 2025.3.That costs of this Application be provided for. 2.The application was based on the grounds on its face and supported by affidavit sworn by JAMES KUMBA NYABERA on 26th September 2025 as follows: 3.The application was canvassed by way of written submissions. The Applicant’s submissions are dated 24th November, 2025 and can be accessed through the CTS though truncated. 4.The Respondents’ submissions are dated 14th January 2026 5.This court has considered the application, the grounds, the supporting affidavit, the Replying affidavit and the respective submissions for the parties and the issue for determination is whether the Applicant has satisfied the court for issuance of orders prayed for. 6.From the application, the supporting affidavit and annextures thereto this court has confirmed that there is already an order of injunction issued in Migori ELC No. E011 of 2024 on 30th January 2025. It will therefore not be necessary to issue another order similar to the one issued in the Environment and Land Court which relates to the same subject suit Land Parcel No. Bukira/Bwisaboka/26. If the Respondents who have been sued in the Land Court defy the said order, then the Applicant is at liberty to seek a remedy for such defiance in the said court. The issue of ownership and/or sale of land being in issue in the Land Court makes this court find that the Applicant is already addressing his claim and it will be futile and double claim if he has to be allowed to pursue similar claim in the Court of Appeal concurrently as in the Environment and Land Court. The same claim cannot and should not be made in two different courts with different jurisdictions. 7.The Applicant’s application is therefore dismissed for lack of merit with costs to the Respondents. DATED, SIGNED AND DELIVERED AT MIGORI THIS 11th DAY OF JUNE, 2026.HON. ANNE ADWERA- ONG’INJO JUDGEIn the Presence of:Victor – Court Assistant.