Geoffrey Njogu Kapaai v Grace Wanjiku Ndegwa [2017] KEELC 3814 (KLR)
The bottom line
#A Kajiado court stopped a former tenant from claiming or dealing with a landlord's Ongata Rongai plot until the full case is heard.
What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiff established a prima facie case with a probability of success
Yes - the County Government of Kajiado confirmed the Plaintiff's ownership and the Defendant did not dispute it
The court noted exhibit 'GNK 1', a letter from the County Government of Kajiado dated 10th January 2017 confirming the Plaintiff's ownership of the suit land, a fact not disputed by the Defendant. The Plaintiff also produced receipts showing payment of land rent and rates to Ol Kejuado County Council and Kajiado County Government. The Defendant's claim to a different parcel did not rebut the ownership of the suit parcel, so a prima facie case was demonstrated.
Whether the Plaintiff would suffer irreparable loss not compensable in damages
Yes - disputes over the Defendant's enjoinder at the Rent Restriction Tribunal and the alleged forged rent receipts showed issues of dispossession best determined at trial
The court found it curious that the Defendant was joined as 2nd Defendant in a Rent Restriction Tribunal case instituted by a third party, and that she alleged the rent receipts were forged. These matters, going to whether she was a tenant and whether the Plaintiff was being dispossessed, could not be resolved on affidavit and were best left for full trial. The court was satisfied the Plaintiff stood to suffer irreparable loss if the orders were not granted.
Balance of convenience
Convenience favours preservation of the title pending trial
On the evidence of both parties, the court was not in doubt that failure to preserve the title to the property could result in it being wasted away, so the balance of convenience supported granting the injunction.
Legal principles established
#- For an interlocutory injunction to be granted the applicant must demonstrate a prima facie case with a probability of success, irreparable loss not compensable in damages, and if in doubt the court decides on a balance of convenience.
Court orders
#- 1.A temporary injunction restraining the Defendant/Respondent, her agents or servants or any other person from trespassing, constructing, transferring, alienating, wasting and/or interfering with and/or in any other manner dealing with all that parcel of land known as LR NO. 260 RESIDENTIAL IN ONGATA RONGAI pending the hearing and determination of the suit
- 2.Costs in the cause
- Jurisdiction invoked
- Section 3A of the Civil Procedure Act, Order 40 Rule 1A & B and Order 51 Rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Geoffrey Njogu Kapaai v Grace Wanjiku Ndegwa [2017] KEELC 3814 (KLR)", Case Analysis (2017). Not stated in the judgment (Notice of Motion dated 23rd March, 2017). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/3814/eng@2017-09-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.