Kenya Case Law

Tirop & another v Chepyator & 4 others (Enviromental and Land Originating Summons E002 of 2026)

Tirop & another v Chepyator & 4 others (Enviromental and Land Originating Summons E002 of 2026) [2026] KEELC 4956 (KLR) (30 July 2026) (Ruling)

Court

Environment and Land Court

Case number

Enviromental and Land Originating Summons E002 of 2026

Judge

["BN Olao"]

The Applicants demonstrated a prima facie case because the land was originally registered in their deceased father’s name, there was evidence of subdivision, burial of both parents on the land, ongoing occupation by the Applicants, and evidence of criminal proceedings involving fraudulent procurement of land documents; denial of interim protection would expose the graves and possession to irreparable harm, and the balance of convenience favored preservation of the status quo pending trial.

Source excerpt

• Prima facie case
• Irreparable injury
• Balance of convenience
• Status quo order
• Matrimonial property and burial sites
• Fraudulent registration of land

Ndaka & 2 others v Mwongela & 6 others

Ndaka & 2 others v Mwongela & 6 others (Environment and Land Case E021 of 2025) [2026] KEELC 4362 (KLR) (14 July 2026) (Ruling)

Court

Environment and Land Court

Case number

Environment and Land Case E021 of 2025

Judge

["EO Obaga"]

The applicants failed to establish a prima facie case because the suit properties are registered in the names of the 3rd and 4th respondents, who acquired them through a public auction after the 6th respondent exercised its statutory power of sale. The applicants' fraud allegations and challenge to title were disputed and could not be conclusively determined at the interlocutory stage. Without a prima facie case, the court declined to consider irreparable harm or balance of convenience and dismissed the application.

Source excerpt

• Interlocutory injunction
• Prima facie case
• Statutory power of sale
• Res judicata
• Title to land
• Bona fide purchaser

Ringsview Apartment Ltd v Vishnu Builders Ltd & 2 others

Ringsview Apartment Ltd v Vishnu Builders Ltd & 2 others (Environment and Land Case Application E183 of 2025) [2026] KEELC 4433 (KLR) (13 July 2026) (Ruling)

Court

Environment and Land Court

Case number

Environment and Land Case Application E183 of 2025

Judge

["MN Kullow"]

The motion, though styled as an injunction application, was in substance a stay of execution application. The court held that res judicata was not established because the earlier Court of Appeal application was still pending, the alleged trial-court dismissal was not adequately proved, and the withdrawn appeal application did not amount to a final determination. However, the court found the present application was sub judice because the same stay relief over the same subject matter was already pending in Nairobi Court of Appeal Civil Application E271 of 2023 between the same parties. On that…

Source excerpt

• Sub judice
• Res judicata
• Stay of execution disguised as injunction
• Functus officio
• Execution of decree
• Order 40 civil procedure rules

Ciuri v Gitau & 3 others

Ciuri v Gitau & 3 others (Civil Case E109 of 2025) [2026] KEHC 9727 (KLR) (Civ) (2 July 2026) (Ruling)

Court

High Court

Case number

Civil Case E109 of 2025

Judge

["Sifuna Nixon"]

The plaintiff showed a good arguable case and the alleged statements were prima facie capable of lowering his reputation, so a temporary prohibitory injunction was justified pending trial; however, because the defendants had pleaded justification and fair comment, and no exceptional circumstances existed, the court refused to grant a mandatory takedown order at the interlocutory stage.

Source excerpt

• Interlocutory injunctions
• Mandatory injunctions
• Reputation versus freedom of expression
• Social media defamation
• Fair comment
• Justification

Mohamed & another v Mwabagala & 4 others

Mohamed & another v Mwabagala & 4 others (Environment and Land Case E065 of 2025) [2026] KEELC 3539 (KLR) (5 May 2026) (Ruling)

Court

Environment and Land Court

Case number

Environment and Land Case E065 of 2025

Judge

["LL Naikuni"]

The court held that the res judicata and functus officio complaints could not be conclusively determined at the preliminary objection stage because they required interrogation of prior pleadings and records. The applicants also failed to establish a prima facie case for interim injunctive relief because their claim of long occupation and threatened eviction was not sufficiently supported by concrete evidence. The result was dismissal of both the preliminary objection and the injunction application.

Source excerpt

• Temporary injunction
• Preliminary objection
• Res judicata
• Functus officio
• Misjoinder of parties
• Costs

Osuku v Coastal Kenya Enterprises Limited

Court

Environment and Land Court

Case number

Environment and Land Miscellaneous Application E143 of 2023

Judge

["CA Ochieng"]

The court struck out an unopposed motion for inhibition over Plot No. 12458/6, finding no proof of ownership or threat of alienation by the respondent.

• Inhibition order
• Interlocutory injunction
• Order 40 civil procedure rules
• Section 68 land registration act
• Preservation of property pending suit
• Proof of ownership

Ezekiel Kipbwambok Some, Japhet Kirwa and Edwin Kipkosgei Ronoh v Dorcas Some (Sued as the legal representative of the Estate of Kiplagat Kituit alias Kiplagat Arap Kituit-Deceased)

Court

Environment and Land Court

Case number

Environment and Land Originating Motion E001 of 2025

Judge

["GMA Ongondo"]

The court granted a status quo preservation order over LR No. Nandi/Eisero/108 in an adverse possession dispute, pending determination of the suit.

• Adverse possession
• Interlocutory injunction
• Status quo order
• Lis pendens
• Preservation of suit property
• Order 40 civil procedure rules

Hussein H Pothiwala v Ultra-Modern Homes Limited

Court

Environment and Land Court

Case number

Land Case E099 of 2024

Judge

["YM Angima"]

Application for a temporary injunction was dismissed after the court found no continuing threatened harm and held that any loss was compensable in damages.

• Temporary injunction
• Adjacent property damage
• Constructive nuisance
• Order 40 civil procedure rules
• Interlocutory relief
• Damages as an adequate remedy

Elizabeth Mbula Annah v Mwaliko Company Limited

Court

Environment and Land Court

Case number

Environment and Land Case 200 of 2024

Judge

J Omange

The Environment and Land Court dismissed an application for interlocutory injunction, holding that the applicant had not established a prima facie case or entitlement to interim protection.

• Interlocutory injunction
• Arbitration clause
• Section 7 arbitration act
• Order 40 civil procedure rules
• Prima facie case
• Sale agreement

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