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ELCDismissedNot stated in judgment (Notice of Motion dated 11th December, 2024)· [2025] KEELC 3369 (KLR)

Samoei & 2 others v Githinji & 2 others (Environment & Land Case E048 of 2024) [2025] KEELC 3369 (KLR)

Environment and Land Court
24 April 2025
CYC. K. Yano
2,858 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~11 min to read original · ~4 min brief

The bottom line

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An Eldoret land injunction failed because the claimants produced no title documents—proof of ownership is essential before Kenyan courts will block land dealings.

What this practically means

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Executive summary

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This is a ruling of the Environment and Land Court at Eldoret (Hon. C. K. Yano, J) on a Notice of Motion dated 11th December 2024 in which the plaintiffs/applicants, claiming to be lawful owners under Huruma Farm Company Limited of L.R. No. 104492 Eldoret and twenty-six resultant plots, sought a temporary injunction restraining the defendants from trespassing on, encroaching on, alienating, subdividing or disposing of the suit parcels. The applicants asserted that the remaining 40 acres of an originally purchased 120-acre parcel had been illegally occupied, subdivided and disposed of by the respondents, who had also registered a similarly named entity, Huruma Farmers Company Limited, to perpetrate fraud. The respondents, through a replying affidavit sworn by Samuel Githegi Kinyanjui, opposed the application, contending that the listed plots belong to individual title holders not under their control, that the applicants proved no ownership or nexus, and that the suit was filed after inordinate delay. The court framed a single issue: whether the applicants met the Giella v Cassman Brown test. Applying that test sequentially, the court found no prima facie case since no title documents, official searches, or proof of compliance with the 1975 agreement were adduced; no irreparable harm was demonstrated; and the balance of convenience did not favour the applicants, particularly as the parcels are occupied by third parties not before the court. The application was dismissed with costs to the respondents.

Key legal issues

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01

Whether the applicants established a prima facie case

Holding

They failed; no ownership documents or proof of compliance with the 1975 agreement were adduced

Reasoning

The applicants relied on a 1975 sale agreement and LCB consent, but produced no title deed, official search or evidence of compliance with the agreement. The respondents' assertion that the parcels are occupied by third-party title holders was unrebutted. On the Mrao definition, no apparently infringed right calling for rebuttal was shown.

p. 4
02

Whether the applicants demonstrated irreparable harm not compensable by damages

Holding

They did not; no ownership documents or demonstration of the loss was produced

Reasoning

The burden lay on the applicants to demonstrate the nature and extent of the injury. Save for asserting ownership, they produced no ownership documents and did not demonstrate irreparable loss. The transfer document produced was incomplete and the court could not verify the ownership allegations of either party.

p. 5
03

Whether the balance of convenience favours the applicants

Holding

It does not, since the land is occupied by third parties not before the court and no ownership documents were produced

Reasoning

The parcels are occupied by third parties who are not parties to the suit, and no ownership or registration documents were adduced. Granting an injunction would affect non-parties unheard. The comparative inconvenience therefore did not favour the applicants.

p. 6

Legal principles established

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  • The three Giella limbs are sequential hurdles; satisfying one alone does not entitle an applicant to an injunction
  • He who alleges must prove; without proof the court cannot find in the applicant's favour
  • A court should take caution against issuing orders against persons who are not parties to the suit

Court orders

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  1. 1.The Notice of Motion application dated 11th December, 2024 is dismissed with costs to the Respondents

Authorities

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Legislation

  • Civil Procedure Actsections 1A, 1B & 3A
  • Civil Procedure RulesOrder 10 Rule 11; Order 51 Rule 1
  • Civil Procedure RulesOrder 40(1)(2)
  • Environment and Land Court Act, 2015section 13(7)(a)

Cases cited (6)

  • Giella vs Cassman Brown and Co. Ltd
    [1973] EA. 358
  • Kenya Commercial Finance Co. Ltd V. Afraha Education Society
    [2001] Vol. 1 EA 86
  • Mrao Ltd vs. First American Bank of Kenya and 2 Others
    (2003) KLR 125
  • Nguruman Limited v Jan Bonde Nielsen & 2 Others
    [2014] eKLR
  • Charter House Investment Limited vs Simon K. Sang and 3 Others
    [2010] eKLR
  • Pius Kipchirchir Kogo vs. Frank Kimeli Tenai
    [2018] eKLR
Jurisdiction invoked
Sections 1A, 1B & 3A of the Civil Procedure Act; Order 10 Rule 11 and Order 51 Rule 1 of the Civil Procedure Rules; section 13(7)(a) of the Environment and Land Court Act, 2015

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Samoei & 2 others v Githinji & 2 others (Environment & Land Case E048 of 2024) [2025] KEELC 3369 (KLR)", Case Analysis (2025). Not stated in judgment (Notice of Motion dated 11th December, 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3369/eng@2025-04-24

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.