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ELCDismissed· [2022] KEELC 455 (KLR)

Stanley Anyamba Ageyo & another v Musa Matu Riunga & 5 others [2022] KEELC 455 (KLR)

Environment and Land Court
21 April 2022
EWE. K. Wabwoto
1,637 words in judgment
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The bottom line

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Kenya's Environment and Land Court dismissed a land injunction application because the applicants offered no real evidence of threatened interference, only fears.

What this practically means

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Executive summary

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This was a ruling on a notice of motion dated 30th April 2021 brought under Order 40 Rules 1, 2 and 3 of the Civil Procedure Rules, seeking a temporary injunction to restrain the 3rd, 4th and 5th Respondents from interfering with L.R No. 5842/15, registered in the name of the 1st Respondent, pending the hearing of the suit. The Applicants, who described themselves as having occupied and tilled the land and erected structures on it since 1998, apprehended interference with the deed plans by the 3rd Respondent and with the rates file by the 4th Respondent. The 3rd, 5th and 6th Respondents filed grounds of opposition asserting the Applicants had not established ingredients for adverse possession, while the 4th Respondent's acting County Solicitor swore that no prima facie case was established and that rates on the property were being paid by the 1st Respondent. After considering written submissions from the Applicants and the 4th Respondent, E. K. Wabwoto J framed a single issue: whether the Applicants met the threshold for temporary injunctions. Applying Giella v Cassman Brown, American Cyanamid, Mrao Ltd and Nguruman Limited, the court held that the Applicants' fears were mere apprehensions unsupported by any documentary or other evidence of threatened interference, and that no prima facie case had been established. Because all three Giella conditions must be satisfied sequentially, the court did not consider irreparable injury or balance of convenience. The application was dismissed with no orders as to costs on 21st April 2022.

Key legal issues

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Whether the Applicants met the Giella threshold for a temporary injunction

Holding

They did not; no prima facie case was established and the remaining limbs need not be considered

Reasoning

The Applicants claimed continuous occupation since 1998 and feared interference with the deed plan and rates file, but the court found no documentary or other evidence of any threatened interference. Their averments were mere apprehensions. Since all three Giella conditions must be satisfied sequentially and the first failed, irreparable injury and balance of convenience did not arise.

p. 2

Legal principles established

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  • All three Giella conditions must be satisfied sequentially; failure at the first stage disposes of the application
  • An injunction is granted sparingly and only in exceptional circumstances

Court orders

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  1. 1.The application dated 30th April 2021 is dismissed
  2. 2.No orders as to costs

Authorities

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Legislation

  • Civil Procedure RulesOrder 40 Rules 1, 2 and 3

Cases cited (7)

  • Giella v Cassman Brown & Company Limited
    (1973) EA 358
  • American Cyanamid Co. v Ethicom Limited
    (1975) A AER 504
  • Mrao Ltd v First American Bank of Kenya and 2 others
    (2003) KLR 125
  • Moses C. Muhia Njoroge & 2 others v Jane W Lesaloi and 5 others
    (2014) eKLR
  • Showind Industries v Guardian Bank Limited & Another
    (2002) 1 EA 284
  • Nguruman Limited V. Jan Bonde Nielsen & 2 Others
    CA NO. 77 OF 2012
  • Kenya Commercial Finance Co. Ltd V. Afraha Education Society
    [2001] Vol. 1 EA 86
Jurisdiction invoked
Order 40 Rules 1, 2 and 3 of the Civil Procedure Rules

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (2)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Stanley Anyamba Ageyo & another v Musa Matu Riunga & 5 others [2022] KEELC 455 (KLR)", Case Analysis (2022). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/455/eng@2022-04-21

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