Kenya Electricity Transmission Co Ltd v Kendong Ranch Ltd & 3 others [2015] KEELC 628 (KLR)
The bottom line
#Kenya's Environment and Land Court refused to let KETRACO continue building power lines on land it admitted it held no easement over, stressing basic title searches.
What this practically means
#Executive summary
#Key legal issues
#Whether the plaintiff established a prima facie case for an injunction to continue construction
No prima facie case was established; the plaintiff's own pleadings acknowledged it held no easement
The court reasoned that the plaintiff's main prayer sought an order compelling the 1st defendant to give easements, which acknowledged it held no easement. If no easement is delivered and the alternative refund prayer succeeds, the lines would have to be relocated, causing huge loss of public funds. A party cannot claim entitlement to construct on land over which it admits holding no easement.
Whether the plaintiff exercised due diligence before entering the easement transaction
The plaintiff failed to conduct a title search which would have revealed a registered injunction restricting dealings in the suit land
The court observed that an injunction was registered against the title on 30 August 2011 and that simple due diligence, least by way of a title search, would have revealed the restriction. The court found it curious that the plaintiff paid tens of millions before receiving executed agreements or proof of registration of easements, contrary to prudent conveyancing practice.
Legal principles established
#- A party seeking an injunction must establish a prima facie case with a right that appears to exist on the evidence; a party that acknowledges in its own plaint that it holds no easement cannot claim entitlement to continue construction
- A purchaser or grantee must investigate title before conveyance; a registered court order of injunction constitutes constructive notice of encumbrances
Court orders
#- 1.Dismissal of the plaintiff's application dated 10 December 2014 with costs
- Jurisdiction invoked
- Order 40 Rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Electricity Transmission Co Ltd v Kendong Ranch Ltd & 3 others [2015] KEELC 628 (KLR)", Case Analysis (2015). ELC Case of 2014 (Nakuru). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2015/628/eng@2015-02-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.