Mbithuka v Kirimania & another (Enviromental and Land Originating Summons E016 of 2025) [2025] KEELC 8595 (KLR) (10 December 2025) (Ruling)

Mbithuka v Kirimania & another (Enviromental and Land Originating Summons E016 of 2025) [2025] KEELC 8595 (KLR) (10 December 2025) (Ruling)

Plaintiff established a prima facie case for interlocutory injunction as he holds title and is suffering irreparable harm by being denied access and rent while servicing a mortgage. Defendants’ addendum does not affect plaintiff’s ownership. Mandatory injunction for accounts is declined as special circumstances are not demonstrated.

Citation
[2025] KEELC 8595 (KLR)
Parties
Plaintiff: Michael Nzomo Mbithuka; 1st Defendant: John Gatobu Kirimania; 2nd Defendant: Rosalind Naitore Gatobu
Court
Environment and Land Court
Jurisdiction
Kenya
Judgment Date
10 December 2025
Case Number
Enviromental and Land Originating Summons E016 of 2025
Procedural Posture
Environment and Land Originating Summons / Ruling on Interlocutory Injunction
Outcome
application partially allowed
Legal Topics
Temporary Injunction, Ownership Dispute, Rent Collection, Mandatory Injunction
Source Language
English
Property Law Civil Procedure Temporary Injunction Ownership Dispute Rent Collection Mandatory Injunction

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Parties

Michael Nzomo Mbithuka

Plaintiff

John Gatobu Kirimania

1st Defendant

Rosalind Naitore Gatobu

2nd Defendant

Procedural Posture

Environment and Land Originating Summons / Ruling on Interlocutory Injunction

Legal Issues

  1. 1 Whether the plaintiff has met the threshold for issuance of a temporary injunction restraining the defendants from collecting rent or interfering with the plaintiff’s ownership of LR No. Nairobi/Block 82/1926
  2. 2 Whether the plaintiff is entitled to a mandatory injunction for accounts of rent collected since 1st April 2024

Ratio Decidendi

Plaintiff established a prima facie case for interlocutory injunction as he holds title and is suffering irreparable harm by being denied access and rent while servicing a mortgage. Defendants’ addendum does not affect plaintiff’s ownership. Mandatory injunction for accounts is declined as special circumstances are not demonstrated.

Court Disposition

application partially allowed

Orders

  • Temporary injunction restraining defendants, their agents/servants/employees/assigns from collecting rent from tenants in Nairobi/Block 82/1926 pending hearing and determination of the main suit.
  • Defendants, their agents/servants/employees/assigns restrained from interfering with access, trespassing, or management of Nairobi/Block 82/1926 until hearing and determination of the main suit.