Maisha Mabati Mills Limited v Farm Auto Spares Limited & 2 others; Gregory and another their Capacity as the Joint Receivers and Managers of Nalin Nail Works Limited (In Receivership) (Interested Party) ((In their Capacity as the Joint Receivers and Managers of Nalin Nail Works Limited (In Receivership)) (Environment & Land Case E192 of 2023) [2025] KEELC 573 (KLR)
The bottom line
#A Nairobi court refused to block an eviction of Maisha Mabati Mills, finding the company had no strong case and could be compensated with money if it eventually won.
What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiff established a prima facie case warranting an interlocutory injunction
The Plaintiff failed to establish a prima facie case: an unappealed judgment in ELC OS No. 762 of 2017 found that its adverse possession claim fell short of the statutory period, no written consent for reparcellation was presented, and no evidence showed the eviction notice was unlawful or unprocedural.
The court reasoned that the prior judgment conclusively settled the adverse possession claim and had not been set aside. Section 23 of the Land Registration Act requires written consent of proprietors for reparcellation, which was absent. Section 152E of the Land Act permits a three-month eviction notice for occupation without consent, and the Plaintiff adduced no evidence of impropriety in its service. The occupation claim was also monetary, being leased to tenants.
Whether the Plaintiff would suffer irreparable harm not compensable by damages
No. The Plaintiff's interest in the disputed portion is monetary, having been leased to tenants, so any loss is quantifiable and remediable in damages.
The court found the Plaintiff leased the godowns to tenants whose occupation was visible. Loss arising from eviction would therefore be financial and quantifiable, and could be compensated by an award of damages should the suit ultimately succeed. This failed the second Giella criterion independently of the prima facie case finding.
Whether the Plaintiff's application was res judicata
The court did not decide the res judicata objection as a standalone issue, but effectively held that the judgment in ELC OS No. 762/2017 conclusively settled the Plaintiff's adverse possession claim.
The 1st Defendant argued the application was res judicata because ownership and encroachment issues were determined in ELC Case No. 767 of 2017 (OS), delivered 25th January 2023. The court observed that the judgment had not been set aside and found the Plaintiff's occupation fell short of the statutory twelve years, which weighed against finding a prima facie case.
Legal principles established
#- An applicant for an interlocutory injunction must establish a prima facie case with a probability of success, irreparable injury not compensable by damages, and, if in doubt, the balance of convenience.
- The court should be slow to order reparcellation under Section 23 of the Land Registration Act absent the written consent of the landowners, save in exceptional circumstances.
- Filing a claim for adverse possession over land registered in another's name amounts to an admission of occupation of that land.
Court orders
#- 1.The application dated November 28, 2023 is dismissed with costs
- Jurisdiction invoked
- Articles 40, 159(2) and 162(2)(b) of the Constitution of Kenya; Section 13(7) of the Environment and Land Court Act 2011
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Maisha Mabati Mills Limited v Farm Auto Spares Limited & 2 others; Gregory and another their Capacity as the Joint Receivers and Managers of Nalin Nail Works Limited (In Receivership) (Interested Party) ((In their Capacity as the Joint Receivers and Managers of Nalin Nail Works Limited (In Receivership)) (Environment & Land Case E192 of 2023) [2025] KEELC 573 (KLR)", Case Analysis (2025). Not stated in the judgment text provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/573/eng@2025-02-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.