Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCAllowedNotice of Motion dated 8th February 2018 (suit land Kajiado/Kipeto/3462 to 3554)· [2019] KEELC 3328 (KLR)

Sam & Steve Properties Ltd v Eunice Muthoni [2019] KEELC 3328 (KLR)

Environment and Land Court of Kenya
14 May 2019
1,670 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

#

A Kenyan court stopped a land buyer from using property she had not fully paid for, protecting the registered owner's title.

What this practically means

#

Executive summary

#
This is a ruling of the Environment and Land Court at Kajiado (Christine Ochieng, J) on the Plaintiff's Notice of Motion dated 8th February 2018, brought under sections 51(1) and 40 of the Civil Procedure Rules and sections 1A, 1B and 3A of the Civil Procedure Act, seeking an interim injunction against the Defendant in respect of land parcels Kajiado/Kipeto/3462 to 3554 (a 12-acre parcel subdivided into 91 titles) and the eviction of the Defendant's security guards. The Plaintiff claimed to be the registered proprietor and alleged trespass, encroachment and threat of sale by the Defendant. The Defendant, Eunice Muthoni, opposed, contending she was a director of BEDEROEUMA COMPANY LTD which had entered into a sale agreement dated 5th October 2013 for Kshs. 23 million, paid a deposit of Kshs. 6 million, taken possession, and been granted an extension of time due to her illness; no completion notice had been issued. The court framed a single issue: whether the interim injunction should be granted pending trial. Applying Giella v Cassman Brown, the court found a prima facie case since the Plaintiff remained the registered proprietor, the purchaser had not fully paid, and the agreement contained no proviso for possession on payment of the deposit; the court could not rewrite the contract. Irreparable harm was demonstrated and the balance of convenience favoured the Plaintiff. The application was allowed as sought, and the parties were urged to comply with Order 11 and set the suit down for hearing. Judgment dated 14th May 2019 at Kajiado.

Key legal issues

#
01

Whether the Plaintiff established a prima facie case with probability of success

Holding

The Plaintiff, as registered proprietor with title deeds, established a prima facie case; the purchaser having failed to fully pay, the court could not rewrite the sale agreement

Reasoning

The Plaintiff produced title deeds to the suit lands. The Defendant admitted the purchaser paid only Kshs. 6 million out of Kshs. 23 million, and the sale agreement contained no proviso entitling the purchaser to possession upon payment of the deposit. The court declined to rewrite the contract and held the registered proprietor entitled to statutory protection.

p. 2
02

Whether the Plaintiff would suffer irreparable loss not compensable by damages

Holding

Yes - the Defendant took possession without fully paying and stationed guards without consent, so the harm is actual and demonstrable

Reasoning

Relying on Nguruman Ltd v Jan Bonde Nielsen, the court held speculative injury cannot suffice. Here the Defendant's unauthorised possession and stationing of guards on unpaid land constituted actual, demonstrable injury incapable of adequate compensation in damages.

p. 2
03

Where the balance of convenience lies

Holding

It tilts in favour of the Plaintiff as the registered proprietor

Reasoning

Given the Plaintiff's registered title over the suit lands and the Defendant's incomplete payment under the sale agreement, the court found the balance of convenience favoured preserving the status of the registered proprietor pending trial.

p. 2

Legal principles established

#
  • A registered proprietor of land is entitled to the protection of the law under section 24(b) of the Land Registration Act

Court orders

#
  1. 1.Interim injunction granted against the Defendant in respect of land parcels Kajiado/Kipeto/3462 to 3554 as sought in the Notice of Motion dated 8th February 2018
  2. 2.Parties urged to comply with Order 11 and set the suit down for hearing as soon as possible

Authorities

#

Legislation

  • Civil Procedure RulesSections 51(1), 40(1)(a)(b)2(1)(2)
  • Civil Procedure ActSections 1A, 1B, 3A
  • Land Registration ActSection 24(b)

Cases cited (5)

  • Giella Vs. Cassman Brown & Co. Ltd
    (1973) EA 358
  • Francis Jumba Enziano And Others Vs Bishop Philip Okeyo and 2 Others
    Nairobi HCCC No. 1128 of 2001
  • Yego V Tuiya and Another
    (1986) KLR 726
  • Ahmed Ibrahim Suleiman & Anor Vs Noor Khamis Surur
    (2013) eKLR
  • Nguruman Ltd. Vs. Jan Bonde Nielsen
    CA No. 77 of 2012
Jurisdiction invoked
Sections 51(1) and 40(1)(a)(b)2(1)(2) of the Civil Procedure Rules; Sections 1A, 1B and 3A of the Civil Procedure Act

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Sam & Steve Properties Ltd v Eunice Muthoni [2019] KEELC 3328 (KLR)", Case Analysis (2019). Notice of Motion dated 8th February 2018 (suit land Kajiado/Kipeto/3462 to 3554). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/3328/eng@2019-05-14

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.