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ELCDismissedNot stated in the judgment· [2014] KEELC 646 (KLR)

John Njoroge Chege & 2 others v Mwiki Company Limited [2014] KEELC 646 (KLR)

Environment and Land Court
17 October 2014
MGMARY M. GITUMBI
1,248 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Environment and Land Court refused to stop a landowner from selling disputed land because the buyers could not prove any legal interest in it.

What this practically means

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Executive summary

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This is a ruling on the Plaintiffs' Notice of Motion dated 27th August 2013 seeking a temporary injunction restraining the Defendant from occupying, developing or selling L.R. No. 8469/4/7 pending the hearing of the application and the suit. The 1st Plaintiff, John Njoroge Chege, deponed that he bought a sub-plot derived from L.R. No. 8469/14 from the Defendant, which had represented that open spaces, including the suit property, were reserved as public utility for the benefit of residents; the Defendant instead subdivided the suit property into plots for sale. The Defendant, through its Managing Director Robert Waireri, denied that the suit property was public utility land, explained that it purchased the suit property and L.R. No. 8469/14 from Mukinyi Enterprises Company Ltd, surrendered the titles to the Commissioner of Lands, and had the amalgamated parcel renamed Nairobi Block 164, subsequently subdivided into 522 plots with approvals. The court applied the settled Giella v Cassman Brown conditions and the definition of a prima facie case in Mrao v First American Bank. It found that the Plaintiffs had produced title deeds in the Defendant's name, failed to substantiate the claim of public utility status, and showed no interest in the suit property; hence no prima facie case with probability of success. Relying on Kenya Commercial Finance Co. Ltd v Afraha Education Society, the court held the Giella test sequential and declined to consider the other conditions. The application was dismissed with costs to the Defendant.

Key legal issues

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01

Whether the Plaintiffs established a prima facie case with a probability of success to warrant a temporary injunction

Holding

No prima facie case was established; the Plaintiffs showed no interest in the suit property, whose title was in the Defendant's name

Reasoning

The 1st Plaintiff admitted purchasing a plot from L.R. No. 8469/14 and being shown open spaces reserved for public utility, but the Plaintiffs themselves produced title deeds for the suit property in the Defendant's name. The claim that the property was public utility land was unsubstantiated. Having failed the first Giella condition, the court did not consider irreparable harm or balance of convenience.

p. 2

Legal principles established

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  • The conditions for granting an interlocutory injunction are a prima facie case with probability of success, irreparable injury not compensable by damages, and, if in doubt, the balance of convenience
  • The Giella conditions are sequential; if the applicant fails the first condition, the court need not consider the others

Court orders

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  1. 1.Application dismissed
  2. 2.Costs of the application to the Defendant

Authorities

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Cases cited (3)

  • GIELLA versus CASSMAN BROWN
    (1973) EA 358
  • MRAO versus FIRST AMERICAN BANK OF KENYA LIMITED & 2 OTHERS
    (2003) KLR 125
  • Kenya Commercial Finance Co. Ltd versus Afraha Education Society
    (2001) 1 EA 86
Jurisdiction invoked
Inherent jurisdiction of the court to grant temporary injunctions pending hearing of the suit (application under Giella v Cassman Brown principles)

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, "John Njoroge Chege & 2 others v Mwiki Company Limited [2014] KEELC 646 (KLR)", Case Analysis (2014). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2014/646/eng@2014-10-17

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