Andrew Mwangi Chui & another v Hass Petroleum (K) Limited [2020] KEELC 2538 (KLR)
The bottom line
#Kenya's Environment and Land Court ruled that you cannot get an injunction protecting land if you haven't filed a claim or counter-claim in court.
What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiffs established a prima facie case for an injunction over LR No.12062/915
Yes; the court found the disputed property was part of the land allotted to the Plaintiffs and that Leonard Njoroge Kariuki procured title without completing the purchase
The court traced the title history: the property was allotted to Mariani Auto Nursery, the originator of the Defendant's title was initially a tenant who intended to purchase but defaulted, yet clandestinely procured title. The Plaintiffs hold an unvaried, unstayed decree for eviction in ELC 1074 of 2015. On these materials the prima facie threshold was met and prayers (3) and (4) were granted.
Whether the Defendant was entitled to an injunction over LR No.26719 IR No.122352
No; the applications were dismissed because there was no counter-claim to support an injunction and the court had already found for the Plaintiffs
The court held an injunction must rest on a suit; the Defendant filed no counter-claim. Further, on the merits the court had found the disputed property formed part of the land allotted to the 1st Plaintiff, and an injunction had already issued in favour of the Plaintiffs. The Defendant's applications therefore lacked merit and were dismissed with costs in the cause.
Legal principles established
#- An injunction must be based on a suit; an applicant seeking an interlocutory injunction without a counter-claim or substantive suit cannot sustain the prayer
- A prima facie case with probability of success is established where the applicant's title history shows the disputed property was allotted to him and the originator of the opposing title never completed the purchase
Court orders
#- 1.Allowed the Plaintiffs' Notice of Motion dated 25th April 2018 in terms of prayers (3) and (4), granting an injunction restraining the Defendant from interfering with LR No.12062/915
- 2.Dismissed the Defendant's two applications dated 20th December 2018 and 20th August 2019 with costs being in the cause
- Jurisdiction invoked
- Original civil jurisdiction of the Environment and Land Court over disputes relating to land
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Andrew Mwangi Chui & another v Hass Petroleum (K) Limited [2020] KEELC 2538 (KLR)", Case Analysis (2020). ELC Case of 2018 (Nairobi). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/2538/eng@2020-05-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.