Church Commissioners For Kenya v Kenya National Highways Authority & another [2014] KEELC 503 (KLR)
The bottom line
#A Nairobi court temporarily blocked the government from evicting an ACK church from its land, but only for six months pending resolution of survey conflicts.
What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiff met the Giella vs Cassman Brown requirements for a temporary injunction
Yes - prima facie case and irreparable loss established, so a conditional injunction issued
The Plaintiff produced evidence of title, allotment letters and photographs of developments on the suit property. The Defendant's claim of irregular allocation and the location of the property on a road reserve raised factual and survey conflicts that could only be resolved at full hearing. The court found the Plaintiff would suffer irreparable loss if the structures were demolished, but balanced this against the public interest in the highway's timely construction by making the injunction time-limited.
Whether the suit property lies on a road reserve or buffer zone
Unresolved at interlocutory stage; survey authorities to confirm and produce approved survey plans
Both parties relied on development and survey plans supporting their competing positions on the location of the suit property. The court noted apparent conflicts between the plans, and directed that the relevant survey authorities confirm the position and produce approved survey plans before final orders are made.
Legal principles established
#- Where a party holds evidence of title and has undertaken developments on the land, a prima facie case and irreparable loss may be established, but the injunction may be granted conditionally with a time limit to protect the public interest
- Whether a title was irregularly acquired is a matter for full trial, not an interlocutory application
Court orders
#- 1.The Defendant, its servants and/or agents restrained from evicting the Plaintiff from Nairobi/Block 72/2256, demolishing its church buildings and other structures, or trespassing thereon for a period of six months
- 2.The Plaintiff to set the suit down for hearing on a priority basis within the six months, failing which the injunction orders shall lapse
- 3.Parties at liberty to apply
- 4.Costs of the Notice of Motion to be in the cause
- Jurisdiction invoked
- Original civil jurisdiction to determine an application for a temporary injunction under the Giella vs Cassman Brown principles; constitutional protection of property under Article 40 invoked by the Plaintiff
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Church Commissioners For Kenya v Kenya National Highways Authority & another [2014] KEELC 503 (KLR)", Case Analysis (2014). Notice of Motion dated 22nd July 2013 (suit over Nairobi/Block 72/2256). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2014/503/eng@2014-01-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.