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ELCPartially AllowedNotice of Motion dated 23/1/2025 (Petition pending, ELC Thika)· [2025] KEELC 3408 (KLR)

Century Oil Trading Company Limited v County Government of Kiambu & 3 others (Environment & Land Petition E014 of 2024) [2025] KEELC 3408 (KLR)

Environment and Land Court
29 April 2025
2,365 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~9 min to read original · ~4 min brief

The bottom line

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Thika's Environment and Land Court stopped a council from interfering with two properties, protecting the registered owner's possession until the main case is decided.

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 Thika (Mogeni J) on a Notice of Motion dated 23/1/2025 lodged within a pending petition. The Applicant, a co-director of the petitioner, sought a temporary injunction restraining the Respondents from inhibiting, alienating, dealing in, disposing of, trespassing on or transferring Land Parcel No. Thika Municipality Block 9/1032 and Thika Municipality Block 9/1033 pending the hearing of the petition, plus an order compelling the 3rd Respondent to issue a certified abstract of title. The Applicant produced Certificates of Lease issued on 29/08/2011, official searches, rate receipts, and judgments in earlier suits (Thika MCCC 694 of 2009 and ELC Case No. 69 of 2020) upholding the prior proprietors' title. The Applicant alleged that the 1st and 2nd Respondents publicly declared the property irregularly acquired, placed an inhibition on the land on 8/02/2024, and ordered the Applicant's workmen to vacate. The application was unopposed despite directions for the filing of responses; only the Applicant filed submissions. Applying the Giella v Cassman Brown conditions as elaborated in Mrao, Nguruman, Kogo and Wanjau, the Court found a prima facie case, a real danger of irreparable harm, and that the balance of convenience favoured the Applicant as registered proprietor in occupation. The Court allowed prayer 3, granting the injunction pending hearing of the petition, and awarded costs of the application to the Applicant.

Key legal issues

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01

Prima facie case with a probability of success

Holding

The Applicant established a prima facie case by producing Certificates of Lease, official searches, rate receipts and prior judgments upholding the title of prior proprietors; the application was also unopposed

Reasoning

The Court examined the annexed leases, certificates of lease, judgments, rate receipts and searches showing the Applicant as registered owner since 29/08/2011. Section 26(1) of the Land Registration Act on conclusiveness of title was referenced given the Applicant's occupation. The absence of any opposing response reinforced the finding.

p. 3
02

Irreparable harm

Holding

A real danger of irreparable harm existed given the inhibition placed on the land by the 1st Respondent and the 2nd Respondent's threats to the Applicant's workers

Reasoning

The Court noted the restriction placed on the suit properties on 8/02/2024 and the 2nd Respondent's public pronouncements that the property was irregularly acquired, plus the visit ordering workmen to vacate. These created apprehension that damages would not be an adequate remedy and the properties risked being dealt with as feared.

p. 4
03

Balance of convenience

Holding

The balance of convenience tilts in the Applicant's favour as the properties are registered in its name and it has paid rent and rates

Reasoning

There was no contestation of the Applicant's occupation. Given the history of the suit property, the Court needed an opportunity to interrogate documents tracing the registration history and to hear the Respondents' evidence on fraud allegations. The lower risk lay in maintaining the status quo pending trial.

p. 5

Legal principles established

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  • A prima facie case in a civil application is a case which, on the material presented, appears to disclose a right apparently infringed by the opposite party so as to call for an explanation or rebuttal
  • An injury is irreparable where it cannot be adequately compensated for in damages
  • Where any doubt exists as to the applicant's right, the court considers the balance of convenience and seeks to maintain the status quo

Court orders

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  1. 1.Prayer 3 of the Notice of Motion allowed - a temporary injunction restraining the Respondents, their servants, agents, proxies and/or persons exercising authority from them from inhibiting, alienating, dealing in, disposing of, trespassing on, transferring and/or in any other manner interfering with the Applicant's quiet use, occupation and possession of Land Parcel No. Thika Municipality Block 9/1032 and Thika Municipality Block 9/1033 pending the hearing and determination of the Petition
  2. 2.Costs of the Application awarded to the Applicant

Authorities

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Legislation

  • Constitution of KenyaArticles 2, 3(1), 10, 19, 20, 21, 22, 23, 27(1)(2), 40, 50, 64, 165(2)(b), 258(2)
  • Environment and Land Court ActSection 13
  • Land Registration ActSections 24, 25, 26, 29
  • Civil Procedure RulesOrder 40 Rules 1, 2, 3
  • Civil Procedure ActSections 1A, 1B, 3, 3A

Cases cited (5)

  • Giella v Cassman Brown
    [1973] EA 358
  • Mrao v First American Bank of Kenya Limited & 2 Others
    [2003] KLR 125
  • Nguruman Limited v Jan Bonde Nielsen and 2 Others
    (2014) eKLR
  • Pius Kipchirchir Kogo v Frank Kimeli Tenai
    (2018) eKLR
  • Paul Gitonga Wanjau v Gathuthi Tea Factory Company Ltd & 2 Others
    [2016] eKLR
Jurisdiction invoked
Article 165(2)(b) of the Constitution; Section 13 of the Environment and Land Court Act

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, "Century Oil Trading Company Limited v County Government of Kiambu & 3 others (Environment & Land Petition E014 of 2024) [2025] KEELC 3408 (KLR)", Case Analysis (2025). Notice of Motion dated 23/1/2025 (Petition pending, ELC Thika). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3408/eng@2025-04-29

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