African Inland Church & others v Kenya Power & Lighting Company & another [2015] KEELC 10 (KLR)
The bottom line
#A Nairobi court protected a church's allocated land with an injunction, confirming you don't need a title deed to defend possession in Kenya.
What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiffs established a prima facie case
Yes - as allottees in possession of an allotment letter from the defunct Nairobi City Council, they established a prima facie case with probability of success
The Plaintiffs were allotted the suit property in 1996 and built church structures on it. Neither Defendant denied the Plaintiffs' beneficial ownership or possession. Though lacking a title deed, the letter of allotment dated 15th September 1996 sufficed to show a right deserving protection pending trial.
Whether irreparable loss would follow if the injunction were withheld
Yes - the demolition left worshippers without a place of worship, a loss not quantifiable in money
The structures were demolished on 12th November 2014 causing loss. The court found it highly probable that the 2nd Defendant's agents carried out the demolition given the averment that the structures lacked development approvals. The loss of a place of worship cannot be quantified and damages would be inadequate.
Balance of convenience
The court was not in doubt; the balance of convenience tilted in favour of the Plaintiffs
The Plaintiffs owned the suit property allocated by the 2nd Defendant's predecessor. The structures had been demolished and, though both Defendants denied responsibility, there was a high possibility the Defendants did it. With no clear evidence as to which Defendant authorised the demolition, costs were ordered in the cause.
Legal principles established
#- The granting of an interim injunction is an exercise of judicial discretion which must be exercised judicially
- An applicant for a temporary injunction must establish a prima facie case with probability of success, irreparable loss not compensable by damages, and, if in doubt, the balance of convenience
Court orders
#- 1.A temporary injunction restraining the Defendants, their employees, servants, agents or anybody claiming through them from entering into, trespassing on, demolishing or in any other way interfering with the 1st Plaintiff's quiet possession of Plot B pending the hearing and determination of the suit
- 2.Costs in the cause
- Jurisdiction invoked
- Order 40 Rules 1 & 4 of the Civil Procedure Rules; Sections 1A, 1B, 3A and 63(e) of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "African Inland Church & others v Kenya Power & Lighting Company & another [2015] KEELC 10 (KLR)", Case Analysis (2015). Notice of Motion dated 20th November 2014 (arising from the Plaintiffs' suit). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2015/10/eng@2015-11-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.