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Court of AppealDismissedCivil Application E059 of 2023

Ntarangwi (Suing as the legal representative of the Estate of the Late Robert Ringera M'Kiriinya alias Ntarangwi) v M'Tuerandu & 8 others

Court of Appeal
25 September 2026
2,164 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~9 min to read original · ~4 min brief

The bottom line

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The Court of Appeal refused to stop respondents from using disputed Meru land because the applicant showed no harm that money couldn't fix.

What this practically means

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Executive summary

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This is a ruling of the Court of Appeal at Nyeri (Karanja, Kimaru and Muchelule, JJA) on a notice of motion dated 10th July 2023 brought under Rule 5(2)(b) of the Court of Appeal Rules. The applicant, suing as legal representative of his late father's estate, sought an injunction restraining the nine respondents from entering or interfering with his possession of land parcel No. Kiirua/Ruiru/827 pending his intended appeal against the judgment of the Environment and Land Court at Meru (Yano J.) delivered on 21st June 2023, which dismissed his claim to the suit property by adverse possession. The applicant asserted that his late father purchased the property in the early 1970s and that he had occupied it since; the respondents, whose late husband was the registered proprietor, maintained that they had always been in occupation and that the applicant's father lived on the neighbouring parcel No. 1315. Applying the settled twin principles, the court found the intended appeal arguable, since the draft memorandum contended that the trial court misapprehended the law on adverse possession and disregarded the evidence. However, the applicant failed to establish that the appeal would be rendered nugatory without the injunction: the title documents showed the suit property registered to the respondents' late husband, and the applicant offered no material demonstrating irreparable harm, the court noting that damages may form part of the remedy matrix. Since both prerequisites must be satisfied, the application was dismissed with costs to the respondents.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the intended appeal is arguable
  2. 2.Whether the intended appeal, if successful, would be rendered nugatory if the injunction sought is not granted

Key legal issues

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01

Whether the intended appeal is arguable

Holding

Yes - the draft memorandum raised arguable grounds, notably that the trial court misapprehended the law on adverse possession and disregarded the evidence.

Reasoning

Applying the settled threshold, the court found the grounds in the draft memorandum of appeal not frivolous. An arguable ground need not succeed; it need only be deserving of consideration. The contention that the trial court misapprehended the law on adverse possession and disregarded the evidence was sufficient to cross the arguability threshold.

p. 4
02

Whether the intended appeal would be rendered nugatory if the injunction is not granted

Holding

No - the applicant failed to demonstrate nugatory impact; damages may form part of the remedy if the appeal ultimately succeeds.

Reasoning

The title documents showed the suit property registered to the respondents' late husband and parcel 1315 to the applicant's late father. The applicant provided no material showing the appeal would be rendered nugatory. The court considered damages a possible part of the remedy matrix, so the second prerequisite failed and the application was unsustainable.

p. 4

Legal principles established

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  • An applicant under Rule 5(2)(b) must satisfy both the arguability and the nugatory-impact prerequisites; failure on either disposes of the application.
  • A single arguable ground suffices for the arguability limb; it need not be a ground that must succeed.
  • The nugatory-impact test turns on whether the threatened action is reversible or, if not, whether damages will reasonably compensate the aggrieved party.

Court orders

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  1. 1.The applicant's notice of motion dated 10th July 2023 seeking an injunction pending the hearing and determination of the intended appeal is dismissed
  2. 2.Costs of the application awarded to the respondents

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority
majority
majority
On appeal from
Environment and Land Court of Kenya at Meru
ELC Case No. E027 of 2021
Jurisdiction invoked
Rule 5(2)(b) of the Court of Appeal Rules

Relief refused

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Injunction restraining the respondents from entering land parcel No. Kiirua/Ruiru/827 or interfering with the applicant's possession pending the intended appeal

The appeal was arguable but the applicant failed to demonstrate that it would be rendered nugatory without the injunction; damages may be an adequate remedy

p. 4

Costs

The applicant's notice of motion lacks merit and is dismissed with costs to the respondents.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The upshot therefore is that the applicant's notice of motion lacks merit and is dismissed with costs to the respondents.
p. 4Disposition - application dismissed with costs
The position in law is that both prerequisites must be satisfied before a party can be granted relief under Rule 5(2)(b) of the Court of Appeal Rules.
p. 4Cumulative Rule 5(2)(b) prerequisites
An arguable ground is not necessarily one that must succeed, but merely one that is deserving of consideration by the court.
p. 4Standard of arguability
The applicant has not provided any material to demonstrate that his appeal would be rendered nugatory if the orders of injunction sought are not granted.
p. 4Failure of the nugatory-impact limb

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Ntarangwi (Suing as the legal representative of the Estate of the Late Robert Ringera M'Kiriinya alias Ntarangwi) v M'Tuerandu & 8 others", Case Analysis (2026). Civil Application E059 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1708/eng@2026-09-25

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.