Sauda Said Rajab Juma (Suing on her own behalf and as the Attorney of Muhsin Said Rajab Juma and Omar Said Rajab) v Sadiki Feri, Nguma Katana Ngole, Abdalla Chembe, Kesi Saro Mae, Shukurani Kalume, Kasena Kalama, Kahindi Mae, Katana Mwatsuma, Jando Mwaponda, Patrick Chibarawa, Karsa Ngoma, Saidi Elija Bongo, Douglas Kalonzi, Anthony Tangai Kagia, Ngala Mwadende, Peter Tangai, David Nyunga, Tangai Braha, Benson Ngala Mwatunje, Jonathan Kahindi Ngala, Mwanyamba Ndire, David Munga Mwadende, County Commissioner, Kilifi & Registrar Of Lands, Kilifi; Aisha Bindi Rajab Juma, Khadija Binti Rajab Juma, Zainabu Binti Rajab Juma, Abu Abdalla Mohamed, Said Amin Athman, Mohamed Athman Omar, Ali Shariff Othman, Tarim Athman Omar, Hafswa Athman Omar, Hawa Shariff Athman, Shamsiya Shariff Athman, Twalib Swaleh Musa, Said Swaleh Musa & Shifeya Swaleh Musa(Interested Parties) (Environment & Land Case E17 of 2020) [2022] KEELC 1633 (KLR)
The bottom line
#A Kenyan landowner lost her bid to evict long-term occupants because she couldn't prove her case clearly enough to win a court injunction.
What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiff established a prima facie case for an interlocutory injunction
No prima facie case was established; the Plaintiff's own material left critical facts (dates of employment, termination, death of the grandfather, transmission of title) unexplained while the Defendants showed long occupation
The court acknowledged the Defendants were in possession of portions of the suit property. The Plaintiff asserted her grandfather had employed the Defendants' parents, but did not state when the employment began or ended, when the grandfather died, or how the Plaintiff became registered proprietor. The Defendants denied employment and asserted occupation by their great grandparents predating the Plaintiff's family, supported by photographs of permanent and temporary structures. Long occupation undermined any claimed infringement of a clear and unmistakable right warranting restraint.
Whether irreparable injury and balance of convenience favoured the injunction
Neither was satisfied; the Plaintiff acknowledged the Defendants' long residence and the court found no urgent necessity to restrain their continued use of the land
Applying the Nguruman sequential test, the court found the Defendants had not only been on the land but had, over time, put up both permanent and temporary houses. This was acknowledged by the Plaintiff herself. Given that acknowledged occupation and settled presence, the court could not find any urgent necessity to prevent the Defendants from continuing to use the land, so the second and third limbs of the injunction test could not be met either.
Legal principles established
#- An applicant for an interlocutory injunction must sequentially establish a prima facie case, demonstrate irreparable injury, and show that the balance of convenience is in his favour
- A prima facie case is more than an arguable case; the evidence must show infringement of a right and probability of success at trial
- The party bearing the burden of proving a prima facie case must show a clear and unmistakable right directly threatened by the act sought to be restrained
Court orders
#- 1.The Notice of Motion dated 13th November, 2020 is dismissed
- 2.No order as to costs
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over disputes relating to land (interlocutory Notice of Motion within a land suit); specific enabling provision not stated in the judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Sauda Said Rajab Juma (Suing on her own behalf and as the Attorney of Muhsin Said Rajab Juma and Omar Said Rajab) v Sadiki Feri, Nguma Katana Ngole, Abdalla Chembe, Kesi Saro Mae, Shukurani Kalume, Kasena Kalama, Kahindi Mae, Katana Mwatsuma, Jando Mwaponda, Patrick Chibarawa, Karsa Ngoma, Saidi Elija Bongo, Douglas Kalonzi, Anthony Tangai Kagia, Ngala Mwadende, Peter Tangai, David Nyunga, Tangai Braha, Benson Ngala Mwatunje, Jonathan Kahindi Ngala, Mwanyamba Ndire, David Munga Mwadende, County Commissioner, Kilifi & Registrar Of Lands, Kilifi; Aisha Bindi Rajab Juma, Khadija Binti Rajab Juma, Zainabu Binti Rajab Juma, Abu Abdalla Mohamed, Said Amin Athman, Mohamed Athman Omar, Ali Shariff Othman, Tarim Athman Omar, Hafswa Athman Omar, Hawa Shariff Athman, Shamsiya Shariff Athman, Twalib Swaleh Musa, Said Swaleh Musa & Shifeya Swaleh Musa(Interested Parties) (Environment & Land Case E17 of 2020) [2022] KEELC 1633 (KLR)", Case Analysis (2022). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/1633/eng@2022-01-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.