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ELCAllowedNotice of Motion dated 7/5/2020 (suit pending before the Environment and Land Court, Kajiado)· [2021] KEELC 991 (KLR)

Poka Ranch Group Community, Based Organization & another v County Government of Kajiado & 7 others [2021] KEELC 991 (KLR)

Environment and Land Court

11 November 2021

MGM.N. Gicheru

1,105 words in judgment

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The bottom line

A Kenyan court froze disputed Kajiado land parcels at the heart of a community group ranch claim until ownership is fully decided at trial.

What this practically means

Executive summary

This is a ruling by M.N. Gicheru, J of the Environment and Land Court at Kajiado on a Notice of Motion dated 7th May 2020, brought under Sections 1A, 1B, 3, 3A and 63(c) and (e) of the Civil Procedure Act and Order 40 Rules 1 and 2 and Order 51 Rule 1 of the Civil Procedure Rules. The applicants, associated with Poka Group Ranch, sought injunctions restraining the first defendant from dealing with L.R. Kajiado/Kaputiei-South/46 and restraining the second to sixth defendants from alienating, subdividing or transferring various derivative parcels pending the hearing and determination of the suit. The applicants deposed that the group ranch, formed in 1964 with 30 Maasai members (now 261 by succession), had set aside 2,148 acres as community holding ground; that the land was leased to TARDA in 1987 for thirty years; and that it was subsequently subdivided and transferred to the defendants without the members' consent. They also claimed the plaintiffs' members received none of the Kshs. 40,000,000 compensation paid for land compulsorily acquired for the SGR. The first, second, fourth, fifth and sixth defendants opposed, chiefly challenging the plaintiffs' capacity to sue, lawful ownership, and absence of irreparable loss. The court found the application merited because the plaintiffs had demonstrated, prima facie, that the suit land may originally have been part of their ancestral land, and because alienation would render the suit nugatory. Prayers 8 to 13 of the motion were allowed. No costs order was recorded.

Key legal issues

Prima facie case

Holding

The plaintiffs demonstrated, prima facie, that the suit land may originally have been part of their ancestral land, so the application was not frivolous.

Reasoning

The court found on the affidavit material that the land now subdivided among the defendants may originally have formed part of the plaintiffs' ancestral group ranch land, which was enough at the interlocutory stage to show a prima facie case warranting preservation of the suit parcels pending full trial.

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Preservation pending trial

Holding

Alienation of the suit land would render the suit nugatory, justifying restraint orders against all the defendants.

Reasoning

The court reasoned that if the parcels were alienated or further dealt with during the pendency of the suit, any eventual judgment in the plaintiffs' favour would be rendered nugatory. Preservation orders restrain dealings without transferring any interest, leaving the defendants' rights intact pending determination of ownership.

p. 3

Legal principles established

An injunction may issue where a plaintiff demonstrates a prima facie case and alienation pending trial would render the suit nugatory; preservation is at no loss to a defendant if the land is preserved for whichever party is ultimately found to be the lawful owner.

Court orders

1.Prayers 8, 9, 10, 11, 12 and 13 of the Notice of Motion dated 7th May 2020 allowed, restraining the defendants from alienating, subdividing, transferring, interfering with or developing the suit parcels L.R. Kajiado/Kaputiei-South/46, /888, /889, /6237, /8023, /8024, /8021, /6234, /6235 and /8022 pending the hearing and determination of the suit

Authorities

Legislation

Civil Procedure ActSections 1A, 1B, 3, 3A and 63(c) and (e)
Civil Procedure RulesOrder 40 Rules 1 and 2; Order 51 Rule 1

Jurisdiction invoked: Sections 1A, 1B, 3, 3A and 63(c) and (e) of the Civil Procedure Act; Order 40 Rules 1 and 2 and Order 51 Rule 1 of the Civil Procedure Rules

Key timeline

Practical implications

Frequently asked questions

Cite this brief

Caselaw, "Poka Ranch Group Community, Based Organization & another v County Government of Kajiado & 7 others [2021] KEELC 991 (KLR)", Case Analysis (2021). Notice of Motion dated 7/5/2020 (suit pending before the Environment and Land Court, Kajiado). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/991/eng@2021-11-11

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