Seneiya Special School Suing Thro’ is Board of Management & 2 others v Samburu Handicap Education & Rehabilitation Programme (Suing Thro’ Its Registered Trustees - SHERP) (Environment and Land Appeal E010 of 2025) [2025] KEELC 1380 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Effect of the trial court's injunctive order
The court agreed with the appellants that the blanket injunction could result in their eviction since the respondents had sought restraint from remaining on or trespassing on the property
The trial court's order was framed as a temporary injunction but the underlying application sought to restrain the appellants from entering, remaining or trespassing on the suit property. A blanket injunction on such terms could effectively evict the appellants, who house special needs children on the property, before the substantive dispute is heard.
Appropriate appellate order pending trial
The court substituted the injunction with a defined status quo order and remitted the dispute to the trial court
Relying on Thugi River Estate and Shimmers Plaza, the court found that status quo orders preserve the subject matter in land disputes and define the existing state of affairs at the time of the order. With the substantive suit scheduled for hearing in April 2025, escalation to finality was unwarranted; a status quo order balancing both parties was appropriate.
Legal principles established
#- In land matters, status quo orders preserve the subject matter of the dispute
- Status quo means the existing state of things at the time the order is made
Court orders
#- 1.An order of maintenance of status quo in place of the injunction given by the trial court on 27.2.2025, namely that the appellants shall not be evicted from the suit property and shall not undertake any constructions on it
- 2.The dispute is remitted back to the trial court for hearing and determination of the substantive issues
- 3.The appeal file is marked as closed and each party is to bear their own costs of the appeal
- On appeal from
- Magistrates' Court, Maralal
- MCELC/E011 of 2024
- Jurisdiction invoked
- Section 78 of the Civil Procedure Act (appellate powers)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Seneiya Special School Suing Thro’ is Board of Management & 2 others v Samburu Handicap Education & Rehabilitation Programme (Suing Thro’ Its Registered Trustees - SHERP) (Environment and Land Appeal E010 of 2025) [2025] KEELC 1380 (KLR)", Case Analysis (2025). Memorandum of Appeal dated 28/2/2025, challenging Maralal MCELC/E011 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/1380/eng@2025-03-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.