Delta Connections Limited v Alfred Mwaringa Deche [2020] KEELC 1763 (KLR)
The bottom line
#A landowner who bought occupied land cannot get quick eviction orders; the Kenyan court said such disputes must be fully heard first.
What this practically means
#Executive summary
#Key legal issues
#Whether special circumstances existed to justify an interlocutory mandatory injunction and eviction orders
No special or exceptional circumstances were shown; the Defendant and his family were already in occupation when the Plaintiff acquired the land in 2012 and there had been prior litigation over the same land
The Court applied the Kenya Breweries and Nation Media Group tests requiring special and exceptional circumstances plus a simple, summary act capable of easy remedy. The Plaintiff acquired the property in 2012 with the Defendant's family already in occupation and engaged in prior litigation over the land, including a Tribunal award adopted in court and upheld on appeal. The matter was therefore not clear-cut and the Defendant could not be said to have stolen a match on the Plaintiff.
Legal principles established
#- A mandatory injunction may be granted on an interlocutory application only in the absence of special circumstances will it not normally be granted; it issues where the case is clear, the act is simple and summary and easily remedied, or the defendant tried to steal a match
- A higher standard than for a prohibitory injunction applies to interlocutory mandatory injunctions, requiring exceptional and special circumstances and the clearest of cases
Court orders
#- 1.The Motion dated 8th April 2019 is dismissed
- 2.Costs of the application awarded to the Defendant
- Jurisdiction invoked
- Original civil jurisdiction of the Environment and Land Court over the suit property
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Delta Connections Limited v Alfred Mwaringa Deche [2020] KEELC 1763 (KLR)", Case Analysis (2020). Notice of Motion dated 8th April 2019 (suit over Plot No. 67 Group No. 1 Takaungu). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/1763/eng@2020-07-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.