New Nyonjoro Farmers Co. Ltd. v Wanyororo Dairies Co-operative Ltd. [2017] KEELC 433 (KLR)
The bottom line
#A Nakuru court stopped construction on land owned by a company since 1999, ruling that a registered title beats unproven claims of county ownership.
What this practically means
#Executive summary
#Key legal issues
#Whether the plaintiff established a prima facie case with a probability of success
Yes - the certificate of official search showed the plaintiff was registered proprietor since 22nd January 1999, and the defendant produced no documents supporting its claim that the property was a public utility owned by the County Government of Nakuru.
The court perused the certificate of official search dated 1st November 2016 showing registration of the plaintiff on 22nd January 1999 with a title deed issued. The defendant's challenge rested on an allegation of public utility ownership by the County Government of Nakuru, but no document supported this. A letter from a Member of the County Assembly could not represent the County Government's official position, and even if it did, it would not suffice absent ownership documents. The plaintiff therefore satisfied the Giella first test.
Whether damages would be an adequate remedy
No - the court was satisfied damages could not adequately compensate the plaintiff, satisfying the second Giella test.
Having found a prima facie case, the court considered the second limb of the injunction test. It reasoned that as registered proprietor the plaintiff was entitled to the rights and privileges under Sections 24, 25 and 26 of the Land Registration Act, and that the defendant's ongoing construction without consent would not be adequately remedied by an award of damages. The court therefore did not need to consider the balance of convenience.
Legal principles established
#- For an interlocutory injunction to succeed, the applicant must establish a prima facie case with a probability of success and irreparable damage; if the court is in doubt it decides on a balance of convenience; if no prima facie case is established the application must be dismissed without considering the other two tests.
- A registered proprietor is entitled to the rights and privileges under Sections 24, 25 and 26 of the Land Registration Act.
Court orders
#- 1.An injunction restraining the defendant by itself, its agents or servants from carrying out further construction or dropping new building materials on LR. No. Dundori/Lanet Block 4/122 pending hearing and determination of the suit
- 2.Costs of the application to the plaintiff
- Jurisdiction invoked
- Original civil jurisdiction of the Environment and Land Court over a dispute relating to land LR. No. Dundori/Lanet Block 4/122
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "New Nyonjoro Farmers Co. Ltd. v Wanyororo Dairies Co-operative Ltd. [2017] KEELC 433 (KLR)", Case Analysis (2017). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/433/eng@2017-12-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.