Kenya Case Law

Tejaswini Builders Ltd v Soi Dairies Industries Ltd & 2 others

Tejaswini Builders Ltd v Soi Dairies Industries Ltd & 2 others (Environment and Land Case E101 of 2025) [2026] KEELC 4682 (KLR) (23 July 2026) (Ruling)

Court

Environment and Land Court

Case number

Environment and Land Case E101 of 2025

Judge

["CK Yano"]

The applicants, though directors of the defendant company, had no separate substantial and identifiable legal interest in the dispute sufficient to justify joinder, because the suit concerned contractual rights and obligations of the company, which is a distinct legal entity. Their internal disagreements with other directors were matters for the company and not a basis for joinder or restraining orders. Accordingly, the application for joinder was not legally tenable and failed.

Source excerpt

• Joinder of parties
• Interested party joinder
• Separate legal personality of a company
• Construction contract dispute
• Interim injunction/restraining order
• Costs

Cementers Limited v Mihrab Development Limited

Court

Environment and Land Court

Case number

Environment and Land Case E173 of 2023

Judge

J Omange

The court dismissed a motion for a prohibitory injunction over land, holding the plaintiff’s unpaid contract claim could be met by damages and no decree-risk was shown.

• Interlocutory injunction
• Prohibitory order
• Order 40 civil procedure rules
• Construction contract dispute
• Preservation of suit property
• Balance of convenience