Trustees v Salat & another (Environment & Land Case E046 of 2022) [2022] KEELC 132 (KLR)
The bottom line
#A Kenyan court blocked land registration changes with an inhibition order but refused an injunction, ruling it would give the plaintiff final victory before trial.
What this practically means
#Executive summary
#Key legal issues
#Whether injunctive orders could properly issue at the interlocutory stage
Injunction was refused because it would grant the major relief sought in the suit (vacant possession) at the interlocutory stage; instead the inhibition order was confirmed
The court observed that ownership and title of the suit property were contested, and that the plaint sought final relief of vacant possession. Granting a temporary injunction restraining dealings and construction would effectively hand the plaintiff the substantive remedy before trial. The court therefore opted for the lesser protective remedy of an inhibition order, confirming the one already in place.
Treatment of an unopposed application
Even though the application was unopposed, the court must still examine it on the merits before allowing it
No response was filed despite service, and the plaintiff urged the court to find the application unopposed. Relying on the Supreme Court decision in Tullow Oil PLC & 3 others v PS Ministry of Energy & 15 others, the court held it was still bound to consider the merits of the application before determining whether it could be allowed.
Contested title over the suit property
The court found that the title and ownership of the suit property are contested, justifying preservation via inhibition rather than an injunction
The plaintiff annexed the title registered in the 1st Defendant's name, correspondence with the 1st Defendant's advocates, and complaints lodged with the Ethics and Anti-Corruption Commission and the National Land Commission. The plaintiff alleged the property was trust property transferred by KPTC for pension settlement and was designated for public use, and that neither KPTC nor the scheme had transferred it to any third party.
Legal principles established
#- An unopposed application must still be determined on its merits by the court
- Where granting an injunction would effectively grant the substantive relief sought in the suit, the court may grant the lesser interlocutory remedy of an inhibition order
Court orders
#- 1.The application is allowed only in terms of prayer No. 3(c) - an inhibition order (confirming the inhibition granted earlier) inhibiting registration of any dealing with Land Reference No. 209/3154 (I.R. No. 73509), Mwingi Road/Nyeri Road, Kileleshwa, Nairobi
- 2.No orders as to costs
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over land in Nairobi; Land Registration Act (inhibition order sought)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Trustees v Salat & another (Environment & Land Case E046 of 2022) [2022] KEELC 132 (KLR)", Case Analysis (2022). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/132/eng@2022-05-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.