Bakari Makokha suing for and on behalf of Estate of Issa Matere Munyanya v Sylvester Odhiambo Wabuyabo & another [2018] KEELC 2360 (KLR)
The bottom line
#The Environment and Land Court in Kakamega dismissed a landowner's bid to stop a neighbour ploughing disputed land, because the true registered owner was never joined to the case.
What this practically means
#Executive summary
#Key legal issues
#Prima facie case
The applicant failed to establish a prima facie case because the registered proprietor of the suit land is a third party not joined to the suit
Relying on Mrao Ltd v First American Bank of Kenya Ltd, a prima facie case requires evidence of an apparently infringed right and probability of success, being more than an arguable case. The court found as a fact that the parcel belongs to Nicholas Wabuyabo, a non-party, and that no succession proceedings had been done in respect of it, so the applicant's claimed right was not apparent on the material presented.
Irreparable injury and balance of convenience
Neither irreparable injury nor the balance of convenience was demonstrated in the applicant's favour
The second and third Giella v Cassman Brown conditions were not satisfied: the applicant did not show that damages would be an inadequate remedy if the land were ploughed pending determination, nor did the court reach the balance-of-convenience stage given the failure on the first condition. The application was therefore without merit and was dismissed with costs.
Legal principles established
#- The conditions for granting an interlocutory injunction are: prima facie case with probability of success, irreparable injury not compensable by damages, and, if in doubt, balance of convenience
Court orders
#- 1.The notice of motion dated 19th February 2018 is dismissed
- 2.Costs of the application to the 1st respondent
- Jurisdiction invoked
- Inherent jurisdiction of the court to grant interlocutory injunctions (application for injunctive relief; no specific provision cited)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Bakari Makokha suing for and on behalf of Estate of Issa Matere Munyanya v Sylvester Odhiambo Wabuyabo & another [2018] KEELC 2360 (KLR)", Case Analysis (2018). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/2360/eng@2018-07-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.