Koech v Terer & another (Environment and Land Case E019 of 2025) [2026] KEELC 2599 (KLR) (30 April 2026) (Ruling)

Koech v Terer & another (Environment and Land Case E019 of 2025) [2026] KEELC 2599 (KLR) (30 April 2026) (Ruling)

Plaintiff/Applicant established a prima facie case and demonstrated that the balance of convenience favours him, warranting grant of a temporary injunction to preserve his possession and prevent interference pending determination of the suit.

Citation
[2026] KEELC 2599 (KLR)
Parties
Plaintiff/applicant: Simion Kibet Koech; 1st Defendant/respondent: Alice Chepkemoi Terer; 2nd Defendant/respondent: Samwel Kiprotich Koech
Court
Environment and Land Court
Jurisdiction
Kenya
Judgment Date
30 April 2026
Case Number
Environment and Land Case E019 of 2025
Procedural Posture
Notice of Motion (injunction) in Environment and Land Court / Ruling on Interlocutory Application
Outcome
Application allowed; temporary injunction granted.
Legal Topics
Temporary Injunction, Adverse Possession, Trusts in Land, Fraud in Land Transactions
Source Language
English
Land Law Civil Procedure Temporary Injunction Adverse Possession Trusts in Land Fraud in Land Transactions

Case Brief

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Parties

Simion Kibet Koech

Plaintiff/applicant

Alice Chepkemoi Terer

1st Defendant/respondent

Samwel Kiprotich Koech

2nd Defendant/respondent

Procedural Posture

Notice of Motion (injunction) in Environment and Land Court / Ruling on Interlocutory Application

Legal Issues

  1. 1 Whether the Plaintiff/Applicant has met the criteria for grant of a temporary injunction pending the hearing and determination of the suit

Ratio Decidendi

Plaintiff/Applicant established a prima facie case and demonstrated that the balance of convenience favours him, warranting grant of a temporary injunction to preserve his possession and prevent interference pending determination of the suit.

Court Disposition

Application allowed; temporary injunction granted.

Orders

  • Temporary injunction restraining Defendants, their servants, agents and/or employees from selling, gifting, transferring, dealing, pledging, encumbering, subdividing, trespassing or otherwise entering or remaining on and/or evicting the Plaintiff/Applicant from the suit property or interfering with Plaintiff's...
  • Costs of the application to abide the outcome of the suit.