Mulei v Mbaluto (Environment and Land Appeal 2 of 2023) [2025] KEELC 2886 (KLR)
The bottom line
#The Environment and Land Court in Machakos upheld an injunction protecting a 1986 land buyer's possession, ruling disputes over the old sale agreement must be resolved at trial, not interim stage.
What this practically means
#Executive summary
#Key legal issues
#Prima facie case for interlocutory injunction
The respondent established a prima facie case based on the 1986 sale agreement and long possession of Machakos/Kiandani/2294
The respondent relied on a sale agreement dated 18th February 1986 for two acres at Kshs 43,000 paid in full, executed with family consent, and continuous uninterrupted possession exceeding 12 years giving rise to adverse possession. The appellant's denials and the limitation argument were held to be matters of evidence for trial, not determinable at the interlocutory stage. The balance of convenience favoured the respondent who was in possession.
Limitation of actions as a bar to the claim
The limitation objection was a matter of evidence to be determined at trial, not at the interlocutory stage
The appellant argued the claim was time barred, the agreement having been executed on 18th February 1986, 33 years before the suit was filed. The court held that whether there was a sale agreement, whether payment was made, and related issues could not be resolved on the interim application and would be canvassed during the trial.
Balance of convenience
Balance of convenience fell in favour of the respondent who was in possession of the suit property
Guided by Pius Kipchirchir Kogo v Frank Kimeli Tenai, the court found the respondent, who had farmed the land and been in continuous possession since 1986, would suffer greater inconvenience if the injunction were withheld. A prohibitory order was justified to preserve the property pending trial.
Legal principles established
#- An applicant for an interlocutory injunction must sequentially establish a prima facie case, irreparable injury and balance of convenience
- On a first appeal the court's role is to re-evaluate, re-assess and re-analyse the evidence on record
- An appellate court will not interfere with the exercise of discretion by an inferior court unless the decision is clearly wrong
Court orders
#- 1.Appeal dismissed with costs
- 2.Interlocutory injunction upheld prohibiting the appellant, his agents and/or servants from interfering with, alienating, wasting, transferring, charging or in any other way dealing with the suit property Machakos/Kiandani/2294 pending the hearing and determination of the main suit
- On appeal from
- Chief Magistrate's Court at Machakos (Principal Magistrate)
- ELC. Suit No. 96 of 2022
- Jurisdiction invoked
- First appellate jurisdiction of the Environment and Land Court over the Chief Magistrate's Court (first appeal - re-evaluation of evidence)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mulei v Mbaluto (Environment and Land Appeal 2 of 2023) [2025] KEELC 2886 (KLR)", Case Analysis (2025). ELC Appeal (Machakos), appeal against ruling in CMCC ELC Suit No. 96 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/2886/eng@2025-03-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.