Land and Housing Cooperative Society v Disow & another (Environment & Land Case E043 of 2024) [2025] KEELC 3473 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiff established a prima facie case
The court was not satisfied, noting conflicting claims of title and the inability to test the documents at the interlocutory stage
The Plaintiff claimed legal and equitable ownership of LR No. 20870 IR 80679, LR No. 20871 IR 76273 and LR No. 31107 and resultant parcels, while the Defendants claimed to be registered owners allocated the land on 13th May 1998 with a certificate of title issued on 1st September 2022. The court could not interrogate the competing documents on the affidavits alone, so no prima facie case was established to the standard required by Mrao Ltd v First American Bank.
Whether the balance of convenience favoured granting the injunction
The balance of convenience favoured refusing the injunction
Applying the lower-risk-of-injustice principle from Amir Suleiman v Amboseli Resort Limited, the court held that refusing the injunction carried a lower risk of injustice than granting it, given that neither party's documents had been tested and the Defendants asserted registration and quiet possession since allocation in 1998. The matter should proceed to full hearing where the competing titles can be examined.
Legal principles established
#- The three Giella v Cassman Brown conditions are sequential hurdles an applicant for an interlocutory injunction must surmount
- Where the court is unable to interrogate the competing documentation on an interlocutory application, the lower risk of injustice guides the exercise of discretion
Court orders
#- 1.The notice of motion dated 3rd June 2024 seeking a temporary injunction is dismissed with costs
- 2.Parties are advised to comply with Order 11 and fix the matter for hearing
- Jurisdiction invoked
- Sections 3, 3A & 63 of the Civil Procedure Act and Order 40 Rules 1, 2 & 4 of the Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Land and Housing Cooperative Society v Disow & another (Environment & Land Case E043 of 2024) [2025] KEELC 3473 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3473/eng@2025-04-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.