Koima alias Arusei v Korir & another (Environment and Land Case E005 of 2026) [2026] KEELC 2300 (KLR) (27 April 2026) (Ruling)

Koima alias Arusei v Korir & another (Environment and Land Case E005 of 2026) [2026] KEELC 2300 (KLR) (27 April 2026) (Ruling)

Both parties claim ownership and occupation; applicant admits respondents are in occupation and have constructed permanent buildings; to preserve the substratum, status quo should be maintained pending hearing and determination of the suit.

Citation
[2026] KEELC 2300 (KLR)
Parties
Plaintiff/applicant: Joseph Kipkosgei Koima alias Arusei; 1st Defendant/respondent: Robinson Kibet Korir; 2nd Defendant/respondent: Rachel Jepkemboi
Court
Environment and Land Court
Jurisdiction
Kenya
Judgment Date
27 April 2026
Case Number
Environment and Land Case E005 of 2026
Procedural Posture
Notice of Motion (interlocutory Application) / Ruling on Temporary Injunction Pending Hearing of Main Suit
Outcome
Application for temporary injunction not granted; order for status quo to be maintained pending hearing and determination of suit.
Legal Topics
Temporary Injunction, Status Quo Orders, Ownership Dispute, Interlocutory Relief
Source Language
English
Land Law Civil Procedure Temporary Injunction Status Quo Orders Ownership Dispute Interlocutory Relief

Case Brief

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Parties

Joseph Kipkosgei Koima alias Arusei

Plaintiff/applicant

Robinson Kibet Korir

1st Defendant/respondent

Rachel Jepkemboi

2nd Defendant/respondent

Procedural Posture

Notice of Motion (interlocutory Application) / Ruling on Temporary Injunction Pending Hearing of Main Suit

Legal Issues

  1. 1 Whether the applicant has met the threshold for grant of temporary injunction
  2. 2 Whether the applicant has demonstrated a prima facie case
  3. 3 Whether the applicant will suffer irreparable injury

Ratio Decidendi

Both parties claim ownership and occupation; applicant admits respondents are in occupation and have constructed permanent buildings; to preserve the substratum, status quo should be maintained pending hearing and determination of the suit.

Court Disposition

Application for temporary injunction not granted; order for status quo to be maintained pending hearing and determination of suit.

Orders

  • Parties to maintain status quo as at the date of the ruling pending hearing and determination of the suit.
  • Costs of the application in the cause.