Hasmo Agencies Limited v National Social Security Fund (Land Case E052 of 2023) [2025] KEELC 140 (KLR)
The bottom line
#A Nairobi court cancelled temporary land orders because the party who got them hid key facts, teaching everyone to be fully honest in court.
What this practically means
#Executive summary
#Key legal issues
#Whether the ex parte injunction orders of 15th August 2023 and 23rd September 2023 should be set aside for material non-disclosure
The orders were set aside because the Plaintiff failed to disclose that it had never been in possession of the suit property and withheld the existence of an arbitral clause in the licence agreement.
Order 40 Rule 7 confers a discretionary jurisdiction to discharge, vary or set aside injunction orders, which must be exercised judiciously. Applying Brink's MAT Ltd v Elcombe principles, the court found the Plaintiff claimed lawful possession when it had never had possession, and concealed the arbitral clause. The application was unopposed. The non-disclosure was material, justifying vacation of the orders.
Whether the Defendant's injunction prayer should be granted
The injunction prayer was not granted; the court directed that it be heard simultaneously with the Plaintiff's pending application and maintained the status quo in the meantime.
Noting that the Plaintiff's own injunction application dated 10th August 2023 remained unheard, the court considered it appropriate that both injunction prayers be canvassed together on a later date, preserving the prevailing status quo pending those determinations. The Defendant thus succeeded only partially on its application.
Legal principles established
#- A party who obtains an interlocutory injunction by concealment or misrepresentation of material facts is liable to have the injunction discharged on the application of the aggrieved party.
- An applicant for ex parte relief owes a duty of full and frank disclosure of all material facts, including facts discoverable upon proper inquiry.
- The court retains a discretion, even upon established material non-disclosure, to continue the order or remake it on terms rather than discharge it automatically.
Court orders
#- 1.The orders of the court issued on 15th August, 2023 and 23rd September, 2023 be and are hereby vacated and or set aside.
- 2.The prevailing status quo to be maintained pending the hearing and determination of the applications for injunction.
- 3.Each party to bear its own costs.
- Jurisdiction invoked
- Sections 3 and 3A of the Civil Procedure Act; Order 40 Rule 7 and Order 51 Rule 1 of the Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Hasmo Agencies Limited v National Social Security Fund (Land Case E052 of 2023) [2025] KEELC 140 (KLR)", Case Analysis (2025). Not stated in the extract (Plaint dated 10th August 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/140/eng@2025-01-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.