https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3650
The motion was dismissed because it merely repeated an earlier application dated 29-1-2025, which had already been allowed by consent on 26-3-2025; therefore, no basis existed for granting the same relief again.
Source-derived case information.
- Citation
- [2026] KEELC 3650 (KLR)
- Parties
- 1st Applicant: Peter Mwangi Macharia; 2nd Applicant: Erastus Mwangi Njoroge; Respondent: Jones Gate Muchiri
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Land Originating Summons E005 of 2025
- Procedural Posture
- Land Originating Summons / Interlocutory Application
- Outcome
- Application dismissed
- Judges
- ["MN Gicheru"]
- Legal Topics
- Restriction Order, Interim Injunction, Unopposed Application, Repetition of Earlier Application, Interlocutory Relief
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Mwangi Macharia
1st Applicant
Erastus Mwangi Njoroge
2nd Applicant
Jones Gate Muchiri
Respondent
Procedural Posture
Land Originating Summons / Interlocutory Application
Legal Issues
- 1 Whether the court should grant a restriction/restraining order over L.R. No. Loc.3/Githumu/956
- 2 Whether the respondent should be restrained from building, constructing, selling, or alienating the suit property
- 3 Whether the application was barred or rendered unnecessary because a similar application had previously been allowed by consent
Ratio Decidendi
The motion was dismissed because it merely repeated an earlier application dated 29-1-2025, which had already been allowed by consent on 26-3-2025; therefore, no basis existed for granting the same relief again.
Court Disposition
Application dismissed
Orders
- The notice of motion dated 15-4-2026 is dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
Macharia & another v Muchiri (Land Originating Summons E005 of 2025) [2026] KEELC 3650 (KLR) (15 June 2026) (Ruling) Neutral citation: [2026] KEELC 3650 (KLR) Republic of Kenya In the Environment and Land Court at Muranga Land Originating Summons E005 of 2025 MN Gicheru, J June 15, 2026 Between Peter Mwangi Macharia 1st Applicant Erastus Mwangi Njoroge 2nd Applicant and Jones Gate Muchiri Respondent Ruling 1.This ruling is on the notice of motion dated 15-4-2026. The motion is brought under Section 3 of the Civil Procedure Act and all enabling provisions of the law seeks three (3) residual orders.2.A restriction/restraining order be registered against L.R. No. Loc.3/Githumu/956 registered under the name of Jones Gate Muchiri.3.The Respondent herein, his agents, servants and/or anybody claiming through or under him be restrained by way of interim injunction from building , constructing, selling and or alienating the suit pending the hearing and determination of the suit.4.The costs of this application to be borne by the Respondent. 2.The motion is based on one ground and is supported by the affidavit of the Applicants dated 15-4-2026. The gist of the ground and the affidavit is as follows. Firstly, the suit land is in the name of Defendant. Secondly, the Plaintiffs have reliable information that that the Defendant intends to sell the suit land secretly. This would defeat this suit and the ends of justice. It is therefore necessary that this motion be allowed. 3.The motion though served is unopposed because the Defendant did not file any replying affidavit or grounds of opposition. 4.I have carefully considered the motion dated 15-4-2026 in its entirety. I find that on 26-3-2025, a similar application dated 29-1-2025 was allowed by consent. The current motion is therefore a repetition of the earlier one dated 29-1-2025. The motion dated 15-4-2026 is therefore dismissed. DATED, SIGNED AND DELIVERED VIRTUALLY AT MURANG’A THIS 15TH DAY OF JUNE, 2026.M.N. GICHERU JUDGE.Delivered online in the presence of; -Court Assistants – AntonyPlaintiff’s Counsel –Mr. T.M. NjorogeDefendant’s Counsel – Absent