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Kenya decisions
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Mohamed v Ogero & another [2023] KEELC 15878 (KLR)
Interlocutory injunction dispute over rival claims to the same Nairobi land parcel was resolved in the defendants’ favour, and the plaintiff’s application was dismissed.
Julie Mukami Kanyoko, Simon Ngeta Kanyoko & Perpetua Wanjiru Kanyoko v Samuel Mukua Kamere & Anne Wambui Kamere [2021] KEELC 2864 (KLR)
The court ordered specific performance of a 2007 land sale agreement, awarded Kshs 1,000,000 in damages for breach, and gave costs to the plaintiffs.
Swaleh Omar Said v Khalid Salim Abdulsheikh, First Community Bank Ltd & Registrar of Lands [2018] KEELC 1537 (KLR)
The court found that both parties had established a prima facie case with a probability of success, but the loss to either party was not irreparable as the value of the properties and rental income could be ascertained. The court was guided by the balance of convenience, noting that the plaintiff was in possession and had obtained the first injunction order. The 1st respondent admitted allowing the plaintiff to remain on the property due to their friendship. Applying the equitable doctrine of first in time and the principle that equity aids the vigilant, the court allowed the plaintiff to con…
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Wanjiru Njuguna v Joseph Kariuki Wangondu & Francis Ndungu Njuguna [2017] KEELC 3287 (KLR)
The court found that the 1st Defendant had established a prima facie case by demonstrating registered proprietorship and possession of the suit property. The court held that damages would not be an adequate remedy given the nature of the alleged violation and the subject matter being land, which is unique and difficult to quantify in monetary terms. The balance of convenience also favoured the 1st Defendant, who had been in possession for a long time. Consequently, the court granted the interlocutory injunction as sought by the 1st Defendant, restraining the Plaintiff from interfering with th…
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Raphael Kinoru Wandaka v Joseph Njuguna Wamwiri [2017] KEELC 3201 (KLR)
The court declined to restrain the plaintiff from the land and ordered status quo maintained pending trial, finding the plaintiff had long been in possession.
David Kimathi Manyara & Judith Karimi Manyara v County Government of Marsabit,Zainab Kurewa,Abdikadir Kurewa & Halima K. Kimogol [2016] KEELC 1294 (KLR)
The court adopted a consent preserving Plot L.R. No. 11969/8 Marsabit Township, barred transfer or permanent structures, and enjoined Halima K. Kimogol as interested party.
Emily Sikuku Momanyi v Rotino Moiben Lotiolo [2014] KEHC 6258 (KLR)
The court found that the applicant had demonstrated a prima facie case with a probability of success by providing evidence of lawful allotment and payment for Plot No. 439. The respondent failed to provide credible documentary evidence of his alleged lease or that Plot No. 438 and Plot No. 439 are the same. The respondent is not in possession but only accesses the land seasonally for ploughing and planting, and has no legal right to prevent the applicant from accessing her land. The court determined that the applicant is entitled to protection by way of injunction, and the respondent is restr…
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Maciazinex Africa Co. Ltd v Michael Mugo & David Gathambo [2013] KEHC 6291 (KLR)
The High Court in Nyeri allowed an application to join the applicant as a defendant in a land dispute, finding the applicant had a direct interest in the suit property.
LAWRENCE GEORGE MWEBI V MARGRET WANJIKU & 2 OTHERS [2013] KEHC 5021 (KLR)
The High Court granted an interlocutory injunction over disputed Embakasi plots, finding the plaintiff had shown a prima facie case and risk of loss pending trial.
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