[2025] KEELC 4264 (KLR)

[2025] KEELC 4264 (KLR)

The court found that the plaintiffs failed to establish a prima facie case with a probability of success, as required by the Giella v Cassman Brown test for interlocutory injunctions. The judge noted that the issue of ownership of the suit property had already been the subject of previous litigation in Nyandarua J.R No. E005 of 2022 and Nyandarua ELCC ELC No. 99 of 2023, involving the same or related parties. Given the existence of prior determinations on the ownership dispute, the plaintiffs could not demonstrate a likelihood of success at trial. The court therefore declined to grant the temporary injunction sought by the plaintiffs and reserved the issue of costs for later determination.

Citation
[2025] KEELC 4264 (KLR)
Parties
Plaintiff: Tabitha Wambui Munyao; Plaintiff: Geofferey Kania Munyao; Defendant: Michael Ngotho Gitahi
Court
Environment and Land Court
Court Station
Environment and Land Court at Nyandarua
Jurisdiction
Kenya
Judgment Date
29 May 2025
Case Number
Environment & Land Case E015 of 2025
Procedural Posture
Environment and Land Case / Ruling on Interlocutory Application for Injunction
Outcome
application for interlocutory injunction dismissed
Judges
JM Kamau
Legal Topics
Injunctions, Land Ownership Disputes, Trespass, Trusts in Land, Prior Litigation, Title Registration
Source Language
English
Land and Property Injunctions Land Ownership Disputes Trespass Trusts in Land Prior Litigation Title Registration

Case Brief

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Parties

Tabitha Wambui Munyao

Plaintiff

Geofferey Kania Munyao

Plaintiff

Michael Ngotho Gitahi

Defendant

Procedural Posture

Environment and Land Case / Ruling on Interlocutory Application for Injunction

Legal Issues

  1. 1 Whether the plaintiffs have established a prima facie case with a probability of success to warrant the grant of a temporary injunction.
  2. 2 Whether the plaintiffs are entitled to interlocutory relief restraining the defendant from interfering with the suit property pending determination of the suit.
  3. 3 Whether the matter is res judicata or substantially litigated in previous proceedings.

Ratio Decidendi

The court found that the plaintiffs failed to establish a prima facie case with a probability of success, as required by the Giella v Cassman Brown test for interlocutory injunctions. The judge noted that the issue of ownership of the suit property had already been the subject of previous litigation in Nyandarua J.R No. E005 of 2022 and Nyandarua ELCC ELC No. 99 of 2023, involving the same or related parties. Given the existence of prior determinations on the ownership dispute, the plaintiffs could not demonstrate a likelihood of success at trial. The court therefore declined to grant the temporary injunction sought by the plaintiffs and reserved the issue of costs for later determination.

Court Disposition

application for interlocutory injunction dismissed

Orders

  • The plaintiffs' application for a temporary injunction is disallowed.
  • The issue of costs is reserved for later determination.