Mary Teresa Wachira v Embakasi Ranching Company Ltd & another [2015] KEELC 727 (KLR)
The bottom line
#The High Court of Kenya stopped further dealings with a Ruai plot, confirming that a buyer with a sale agreement and share certificate can block trespassers even without a title deed.
What this practically means
#Executive summary
#Key legal issues
#Prima facie case
The Plaintiff established a prima facie case with high chances of success based on the 1994 sale agreement and Share Certificate No. 810, her claim being unchallenged
The court assessed the ownership documents: a sale agreement dated 2nd September 1994 and Share Certificate No. 810 evidencing transfer of Plot No. P.5938 to the Plaintiff. The Defendants did not contest the application. The absence of a title deed did not defeat the claim since the 1st Defendant was still pursuing it. The court found the right apparently infringed, calling for rebuttal.
Adequacy of damages
Damages would not suffice; the land is unique and the trespasser cannot keep what he has taken
Relying on Niaz Mohamed Jan Mohamed and Jaj Super Power Cash and Carry, the court held that no amount of money can compensate infringement of the right to land, and that it is the trespasser who must give way pending determination of the dispute.
Balance of convenience
Not necessary to determine since the court was not in doubt
Having found a prima facie case and that damages are inadequate, the court saw no doubt requiring the third Giella condition to be addressed.
Legal principles established
#- Conditions for interlocutory injunction: prima facie case, irreparable injury not compensable in damages, and balance of convenience if in doubt
- A trespasser must give way pending determination and cannot rely on compensability in damages
Court orders
#- 1.Temporary injunction restraining the Defendants from entering, occupying, destroying, erecting structures, selling, transferring or dealing with Plot Number P.5938 and/or Plot No. 1309 in Ruai estate, Embakasi pending the hearing and determination of the application and suit
- 2.Costs in the cause
- Jurisdiction invoked
- Inherent jurisdiction of the High Court to grant interlocutory relief in an awaiting suit
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mary Teresa Wachira v Embakasi Ranching Company Ltd & another [2015] KEELC 727 (KLR)", Case Analysis (2015). Notice of Motion dated 22nd October 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2015/727/eng@2015-03-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.