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ELCAllowedNotice of Motion dated 22nd March, 2019 (Machakos ELC suit)· [2020] KEELC 3145 (KLR)

Daniel Kinyanjui Gitau & 227 others v Mary Ruguru Njoroge [2020] KEELC 3145 (KLR)

Environment and Land Court
13 March 2020
OAO.A. Angote
1,158 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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The 88 Plaintiffs moved the Environment and Land Court at Machakos by Notice of Motion dated 22nd March 2019 seeking to prohibit the Defendant from evicting them from land parcels on L.R. No. 7340/34 Ol-Donyo Sabuk, Mavoko, within Machakos; preservation of status quo; temporary injunctions restraining trespass, damage to structures and transfer of the property to third parties pending hearing; and enforcement of the orders by the OCS Athi River Police Station, with costs. The Plaintiffs deponed, through the 88th Plaintiff, that they purchased their plots from Njoroge Wainaina Housing Company (later N.W Housing Company), took possession, and hold Certificates of Lease, Certificates of Site Ownership and approved sub-division schemes. The Defendant, administrator of the estate of the late Njoroge Wainaina, deponed that the deceased bought the 24-acre parcel from Gladys Wambui Mbocha in 1993, that the housing company was his sole proprietorship, and that the Plaintiffs' Certificates of Ownership were forgeries, making them trespassers. The court found it undisputed that Njoroge Wainaina purchased the suit property, and that the Plaintiffs had annexed leases, certificates, receipts and an approved sub-division scheme, establishing a prima facie case with chances of success. Allegations of forgery were held to be a matter for trial evidence. The court further held that eviction before the hearing would cause irreparable injury not compensable in damages, the Plaintiffs being in occupation. The application dated 22nd March 2019 was allowed as prayed.

Key legal issues

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01

Prima facie case for temporary injunction

Holding

The Plaintiffs established a prima facie case with chances of success by annexing leases, Certificates of Leases, Certificates of Ownership, receipts and approved sub-division schemes evidencing purchase from N.W Housing/Njoroge Wainaina Housing Company.

Reasoning

The court noted the Plaintiffs annexed numerous documents including Certificates of Leases, Certificates of Site Ownership, receipts for payments and sale agreements, and a Ministry of Lands approved sub-division scheme. The Defendant's assertion that the Certificates of Ownership were forgeries was unsubstantiated on affidavit evidence. This satisfied the prima facie limb of the injunction test.

p. 2
02

Irreparable injury

Holding

Eviction before the hearing of the suit would occasion the Plaintiffs irreparable injury not compensable by damages, as they are in occupation of the suit land.

Reasoning

The court found that the Plaintiffs were in occupation and that eviction pending trial would cause harm that damages could not remedy. This satisfied the second limb of the Giella-style test for interim relief and justified preserving the status quo until the suit was heard and determined.

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Legal principles established

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  • A party alleging forgery of ownership documents must lead evidence to that effect at trial; until then, the documents stand as proof of ownership, particularly where the party is in occupation.

Court orders

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  1. 1.The Application by the Plaintiffs dated 22nd March, 2019 is allowed as prayed
Jurisdiction invoked
Inherent jurisdiction of the Environment and Land Court to grant interlocutory relief in land disputes (no specific constitutional provision cited)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Daniel Kinyanjui Gitau & 227 others v Mary Ruguru Njoroge [2020] KEELC 3145 (KLR)", Case Analysis (2020). Notice of Motion dated 22nd March, 2019 (Machakos ELC suit). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/3145/eng@2020-03-13

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