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ELCDismissedEldoret E&L Case (application dated 1st September 2020)· [2021] KEELC 3892 (KLR)

Reuben Rotich Chelugo v Jerugut Bowen & another [2021] KEELC 3892 (KLR)

Environment and Land Court
9 March 2021
1,307 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan landowner claiming a share of family land lost his injunction bid because he failed to prove a strong enough case to stop the sale.

What this practically means

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Executive summary

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The applicant, claiming to be the beneficial owner of 14 acres out of Land Parcel No. Baringo/Kewamoi 'A' 2220 on the basis of a constructive trust arising from monetary contributions towards purchase, sought a temporary injunction restraining the respondents (administrators of the estate of the late Wilson Rotich) from dealing with, alienating or selling the land, contending that they had fraudulently included his portion in Eldoret Succession Cause No. 69 of 2014. Interim orders were granted at the interim stage and the application was canvassed by written submissions. Relying on Giella vs Cassman Brown, the applicant submitted he had a prima facie case and would suffer irreparable harm since land is unique. The respondents opposed, pointing out that the applicant's application for annulment of the grant had been dismissed, a caution he lodged had been removed by the Land Registrar on the ground that he was not a beneficiary, and that he had obtained similar injunction orders in Eldoret E&L Case No. 283 of 2013 whose fate he did not disclose. The court framed a single issue: whether the applicant had laid a sufficient basis for an injunction. It found no prima facie case with probability of success and no evidence that the property was in danger of alienation, declined to consider the remaining Giella limbs, dismissed the application with costs to the respondents, and discharged the interim orders.

Key legal issues

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01

Whether the applicant established a prima facie case for temporary injunction

Holding

Application dismissed - no prima facie case established

Reasoning

The court found no serious issue to be tried as the applicant had already failed in an earlier application for annulment of grant, and had not explained the status of a prior suit (Eldoret E&L Case No. 283 of 2013) in which similar injunction orders had been granted.

p. 2

Legal principles established

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  • Conditions for grant of an interlocutory injunction as set out in Giella vs Cassman Brown

Court orders

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  1. 1.Application dated 1st September 2020 dismissed with costs
  2. 2.Earlier interim orders granted are discharged

Authorities

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Cases cited (4)

  • Giella vs Cassman Brown
    [1973] EA 358
  • American Cyanamid Co. vs Ethicom Limited
    (1975) A AER 504
  • FRANCIS GITHINJI KAROBIA v STEPHEN KAGENI GITAU
    Civil Case No 53 of 2005 (Unreported)
  • E.A. Industries v. Trufoods
    [1972] E.A. 420
Jurisdiction invoked
Environment and Land Court jurisdiction over disputes relating to land held in trust in Baringo County

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, "Reuben Rotich Chelugo v Jerugut Bowen & another [2021] KEELC 3892 (KLR)", Case Analysis (2021). Eldoret E&L Case (application dated 1st September 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/3892/eng@2021-03-09

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