Nathan Mkala v Kaviha Kikopi & another [2017] KEELC 3658 (KLR)
The bottom line
#The Environment and Land Court in Malindi blocked a family from excavating land a buyer had purchased under customary law, preserving it until ownership is decided at trial.
What this practically means
#Executive summary
#Key legal issues
#Entitlement to an interlocutory injunction over unregistered clan land sold under customary law
The application was allowed because the plaintiff produced evidence of purchase and would suffer irreparable damage not compensable by damages if excavation continued.
It was common ground that the land belonged to the Kikopi family and that the late Mramba Taura, the 1st Defendant's nephew, sold the property or a portion of it to the plaintiff. Though the court could not confirm at the interlocutory stage that the land was what Mramba Taura inherited under Giriama customary law, the land should not be wasted pending trial. The plaintiff's evidence of purchase in 2009 showed irreparable damage not compensable by damages.
Legal principles established
#- Where suit land may be wasted pending determination of ownership, an interlocutory injunction should issue to preserve it where the applicant shows purchase and potential irreparable damage not compensable by damages.
Court orders
#- 1.The Application dated 12th April, 2016 allowed as prayed, including an order of injunction restraining the defendants, their family members, agents, servants, employees and purported purchasers or lessees from entering into, cultivating, mining or excavating on the suit property or otherwise interfering with the plaintiff's peaceful possession pending the hearing and determination of the suit
- Jurisdiction invoked
- Inherent jurisdiction of the Environment and Land Court to grant interim injunctions pending hearing of a land suit
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nathan Mkala v Kaviha Kikopi & another [2017] KEELC 3658 (KLR)", Case Analysis (2017). Not stated in judgment (application dated 12th April, 2016). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/3658/eng@2017-02-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.