Mohame v Abdi & another
The bottom line
#A Kenyan landowner's bid for a short-term injunction failed because the 14-day order sought had already expired before the court could rule.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicant satisfied the Giella test for a temporary injunction
The test was not achieved; the application was dismissed with costs.
The court applied Giella and Mrao sequentially. The applicant sought only a 14-day injunction filed on 18 May 2023, which lapsed by 21 May 2023, rendering the application spent. On the merits, the land is subject to pending disputes with the local community and the respondents claim grazing arrangements with local inhabitants, requiring full trial deliberation rather than interlocutory relief.
Whether a prima facie case with probability of success was established
No prima facie case was established on the scanty material and pleadings presented.
Applying Mrao, the applicant needed to show an arguable right infringed calling for rebuttal. The applicant claimed a lease of 50,000 acres from Chakama Ranching, but the land is embroiled in community disputes pending before the court (Tairen Association case, Odeny J), and the respondents claim community grazing rights and arrangements with the Wagiryama, making the applicant's right contestable.
Legal principles established
#- The Giella conditions for a temporary injunction are addressed sequentially; the second condition is only addressed if the first is satisfied, and the third only where the court is in doubt.
- An injunction application seeking a fixed short period that has already lapsed is spent and will be dismissed even if the merits might otherwise support relief.
Court orders
#- 1.The application dated 17th May 2023 is dismissed with costs
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over disputes relating to land (Article 162(2)(b) Constitution, ELC Act) - not expressly invoked in the ruling
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mohame v Abdi & another", Case Analysis (2023). Environment & Land Case 33 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/21213/eng@2023-11-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.