Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELCDismissedNot stated in judgment· [2021] KEELC 1433 (KLR)

Salome Njoki Gitau v Monicah Wanjiru Gitau & another [2021] KEELC 1433 (KLR)

Environment and Land Court
14 October 2021
LKL. Komingoi
599 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

#

The Environment and Land Court refused to block a disputed land sale in Nairobi because the applicant failed to show she would suffer harm that money cannot fix.

What this practically means

#

Executive summary

#
This is a ruling on a Notice of Motion dated 22nd February 2021 by the plaintiff, Salome Njoki Gitau, brought under sections 1A, 1B, 3A and 63(e) of the Civil Procedure Act, Order 40 Rules 1-3 and Order 50 Rule 1 of the Civil Procedure Rules, and Articles 35 and 40 of the Constitution. She sought a temporary injunction restraining the defendants from offering for sale, selling, transferring, charging or dealing with land known as Dagoretti/Waithaka/1325 pending the hearing of the suit, and an order compelling the 2nd Defendant to produce documents including the green card, transfer documents, Land Control Board consent and stamp duty receipt. The application was opposed by the 1st Defendant, Monica Wanjiru Gitau, by a replying affidavit sworn on 22nd April 2021. By consent of 19th April 2021 the application was canvassed by written submissions. The court framed two issues: whether the application met the threshold for a temporary injunction, and who should bear costs. Guided by Giella v Cassman Brown and Mrao v First American Bank on prima facie cases, the court held that the plaintiff had failed to demonstrate that she would suffer irreparable injury if the orders were not granted, observing that most issues raised would be addressed at the full hearing. The application was dismissed with costs abiding the outcome of the main suit. Judgment delivered at Nairobi on 14th October 2021 by L. Komingoi, Judge.

Key legal issues

#
01

Whether the plaintiff satisfied the threshold for a temporary injunction

Holding

The plaintiff failed, particularly on irreparable injury, and the application was dismissed

Reasoning

The court applied the Giella v Cassman Brown principles as restated in Mrao Ltd v First American Bank regarding prima facie cases. While noting that most issues raised would be addressed at the hearing, the court found the applicant had not demonstrated she would suffer irreparable injury absent the injunction. Having failed on that limb, the application could not succeed and costs were made to abide the main suit's outcome.

p. 2

Legal principles established

#
  • In an application for injunction, the onus is on the applicant to satisfy the court that an injunction should be granted, per the principles in Giella vs Cassman Brown

Court orders

#
  1. 1.The Notice of Motion dated 22nd February 2021 is dismissed
  2. 2.Costs of the application to abide the outcome of the main suit

Authorities

#

Legislation

  • Civil Procedure ActSections 1A, 1B, 3A and 63(e)
  • Civil Procedure RulesOrder 40 Rules 1-3; Order 50 Rule 1
  • Constitution of Kenya, 2010Articles 35 and 40

Cases cited (2)

  • Giella vs Cassman Brown & Co. Ltd
    (1973) EA 358
  • Mrao Ltd vs First American Bank of Kenya Ltd & 2 Others
    (2013) KLR 125
Jurisdiction invoked
Sections 1A, 1B, 3A & 63(e) of the Civil Procedure Act, Order 40 Rules 1-3 and Order 50 Rule 1 of the Civil Procedure Rules, and Articles 35 and 40 of the Constitution

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Salome Njoki Gitau v Monicah Wanjiru Gitau & another [2021] KEELC 1433 (KLR)", Case Analysis (2021). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/1433/eng@2021-10-14

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