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Kenya decisions
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Boss Freight Terminal Limited v Kenya Railways Corporation & another [2025] KEELC 5450 (KLR)
The court granted temporary and mandatory injunctions protecting the plaintiff’s registered land pending trial, finding a prima facie case and irreparable harm.
Obonyo v Okoth & another [2025] KEELC 5216 (KLR)
The court found that the applicant had exhibited valid title deeds showing his late father as registered owner of the suit lands and demonstrated his capacity as personal representative. The respondents failed to provide evidence of their alleged long-term occupation. The court held that the applicant had established a prima facie case, as the title deeds confer presumptive ownership under Section 26 of the Land Registration Act. The risk of irreparable harm was established by the applicant's evidence of recent encroachment and the sentimental value of the family land. The balance of convenie…
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Opon v Board of Governors Tom Mboya Labour College [2025] KEELC 5196 (KLR)
The Environment and Land Court granted reciprocal injunctions over Kisumu Municipality Block 13/23, preserving the land and restraining interference pending trial.
Opondoh (Suing on Behalf of the Estate of Paul Malachi Opondoh) v Siganda & 3 others [2025] KEELC 5229 (KLR)
The court dismissed an interlocutory injunction application over Plot No. 7 Kobare Market, finding a prima facie case but no irreparable harm.
Gatura & 2 others v Lepalo & another [2025] KEELC 5215 (KLR)
The court found that both parties presented evidence of ownership and competing claims over the disputed parcels, establishing a prima facie case of possible infringement of rights. The Plaintiffs/Applicants demonstrated that the Defendants/Respondents' actions—trespass, demolition, and interference—posed a real risk of irreparable harm to unique land interests that could not be adequately compensated by damages. The court emphasized the importance of preserving the status quo in land disputes to prevent actions that could render the final judgment nugatory. Assessing the balance of convenien…
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Mose v Murege & another [2025] KEELC 5013 (KLR)
The court found that the plaintiff had established a prima facie case with a probability of success, as he had constructed permanent buildings on the disputed portion of land and had been in occupation for a period potentially exceeding 12 years. The 1st defendant, residing abroad, could not definitively dispute the plaintiff's timeline of occupation. The court held that the plaintiff and his tenants would suffer irreparable loss if evicted or if the structures were demolished before the suit's determination. The balance of convenience favored maintaining the status quo, as the plaintiff was…
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Maleto v Thini [2025] KEELC 5065 (KLR)
The Environment and Land Court dismissed an application for injunction pending appeal, finding no basis to restrain dealings with plot No. 304 block 4.
Oketch v Kasui [2025] KEELC 4696 (KLR)
The court found that the plaintiff had established a prima facie case by demonstrating lawful ownership and possession of the suit property, and that the defendant had encroached and erected illegal structures thereon. The court was satisfied that the plaintiff would suffer irreparable harm if the defendant continued with the construction, as damages would not be an adequate remedy for the violation of proprietary rights. The balance of convenience favored the plaintiff, as the risk of injustice was lower in granting the injunction and maintaining the status quo than in refusing it. The court…
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Anyega & 3 others (Pentecostal Assemblies of God (Bahati PAG Church) Through its Trustees) v Donjud Company (KE) & another [2025] KEELC 4822 (KLR)
The court found that the applicants had demonstrated a prima facie case by producing a certificate of lease and supporting documents tracing the root of their title, including a prior judgment in their favor. The respondents failed to provide evidence of any successful challenge to the applicants' title or any proceedings impeaching it. The court held that mere allegations of fraudulent acquisition or public land status, without more, were insufficient to displace the applicants' registered ownership. The respondents also did not show how they would be more inconvenienced by the grant of an i…
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Gathirwa v Kiambu County Government [2025] KEELC 4658 (KLR)
The court found that the applicant had demonstrated a prima facie case by showing long-standing possession of the suit property since 1975, payment of requisite fees, and previous successful litigation regarding the property. The intended appeal was not frivolous. The court held that eviction before determination of the appeal would cause irreparable harm to the applicant, as her home has sentimental value not compensable by damages. The balance of convenience favoured the applicant, who has been in possession for decades. The court exercised its discretion to grant an injunction restraining…
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