Church of Jesus Christ of Latter Day Saints Kenya Registered Trustees v Stephen Njenga [2018] KEELC 1010 (KLR)
The bottom line
#A Kenyan landowner who ignored a court order halting construction was found in contempt, faces possible arrest, and must pay the legal costs.
What this practically means
#Executive summary
#Key legal issues
#Prima facie case for temporary injunction
Plaintiff, registered owner in occupation since 2004, made out a prima facie case; injunction granted in terms of prayers (4) and (5)
Applying the Giella v Cassman Brown principles, the court found the plaintiff undisputedly the registered owner and in occupation since 2004. Construction by the defendant in 2018 infringed rights requiring protection pending trial. At the interlocutory stage the court does not examine documents in detail; even if the defendant's titles were genuine, the location of the building on the plaintiff's parcel established a prima facie case.
Joinder of interested party
Magic Contractors Limited allowed as interested party despite its parallel suit in ELC 949 of 2015
The court applied established criteria from Break Suhim Hamed, Yusuf Abdi Aden and Judicial Service Commission v Speaker of the National Assembly. The proposed interested party claimed ownership of the suit property and had been in possession since 2014, giving it an identifiable stake. The existence of another suit between it and the plaintiff was not a bar to joinder.
Contempt of court orders
Contempt proved; the defendant willfully disobeyed a clear and properly served injunction
Service was proved by affidavit of service of process server Samuel Njoroge Muchai, not denied by the defendant. Comparing the photographs at the injunction stage (foundation) with those at the contempt stage (second floor), the court found continued construction at speed. The Alken Connections ambiguity argument was distinguished because the order here was clear, and the contemnor's own claim to have stopped construction confirmed knowledge.
Legal principles established
#- The plaintiff in a contempt application must prove existence of the order, service or knowledge of it, and willful disobedience
- Joinder of an interested party turns on an identifiable stake or legal interest and the assistance the joinder gives the court to effectually and completely adjudicate on the dispute
- A prior suit involving the same parties over the same property is not a bar to joinder as an interested party in a related suit
Court orders
#- 1.Injunction granted in terms of prayers (4) and (5) of the notice of motion dated 7th March 2018, with the plaintiff to file an undertaking as to damages within 7 days
- 2.Magic Contractors Limited joined as interested party in terms of prayers (2) and (3) of the notice of motion dated 15th March 2018
- 3.Contempt established; the officer commanding Buruburu Police Station to ensure no further construction by the defendant on LR No. Nairobi/Block 107/1125 until the suit is heard and determined
- 4.The contemnor to appear in court on 6th November 2018 to be dealt with in accordance with the law, failing which the OCS Buruburu Police Station or any officer near the suit property to arrest him and bring him to court on any weekday between 9.00 a.m. and 5.00 p.m.
- 5.Costs of the contempt application to be paid by the contemnor
- Jurisdiction invoked
- Original civil jurisdiction of the Environment and Land Court over disputes relating to land (LR No. Nairobi/Block 107/1125)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Church of Jesus Christ of Latter Day Saints Kenya Registered Trustees v Stephen Njenga [2018] KEELC 1010 (KLR)", Case Analysis (2018). ELC Case of 2018 (Nairobi/Block 107/1125 suit property; injunction, joinder and contempt applications). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/1010/eng@2018-10-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.