Nzwili (Suing as the Legal Administrator of the Estate of Samuel Nzwili Nzioki - Deceased) ((Suing as the Legal Administrator of the Estate of Samuel Nzwili Nzioki - Deceased)) v Mua & 2 others (Environment & Land Case E017 of 2025) [2025] KEELC 3807 (KLR)
The bottom line
#The Environment and Land Court in Makueni refused to stop an eviction because the applicant's claim mirrored one already rejected on appeal.
What this practically means
#Executive summary
#Key legal issues
#Whether the Applicant established a prima facie case with probability of success
The court found no prima facie case because the Applicant's interest lies in plot 555, not plot 1/198, and his claim mirrors that of the unsuccessful appellant in ELC No. 98 of 2017, whose appeal was dismissed on 7th July 2023.
The court took judicial notice of ELC No. 98 of 2017, in which the 1st Respondent succeeded and was granted orders over plot 1/198. The 1st Defendant therein appealed to the Court of Appeal, which dismissed the appeal. Since the Applicant's claim replicates that failed claim, he cannot demonstrate a prima facie case, even though he was not a party to that suit.
Whether damages would be an adequate remedy and where the balance of convenience lies
Any loss from demolition would be compensable in damages, and the balance of convenience favours the 1st Respondent, whose ownership of plot 1/198 has been affirmed by a higher court.
The court applied the second and third Giella principles. Even if the Applicant ultimately succeeded after demolition, his loss could be compensated in damages. The balance of convenience favoured the Respondent, whose lawful ownership had been affirmed on appeal, so the injunction could not issue.
Legal principles established
#- A party cannot circumvent a judgment affirmed on appeal by filing a separate suit seeking identical relief through injunction to stop execution of that judgment
- Injunctive relief is granted only where the Applicant establishes a prima facie case with probability of success; in doubt, the balance of convenience governs
Court orders
#- 1.The application dated 16th April, 2025 dismissed with no orders as to costs
- Jurisdiction invoked
- Inherent jurisdiction of the Environment and Land Court to grant interlocutory injunctions (Giella -vs- Cassman Brown principles)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nzwili (Suing as the Legal Administrator of the Estate of Samuel Nzwili Nzioki - Deceased) ((Suing as the Legal Administrator of the Estate of Samuel Nzwili Nzioki - Deceased)) v Mua & 2 others (Environment & Land Case E017 of 2025) [2025] KEELC 3807 (KLR)", Case Analysis (2025). ELC Case (Notice of Motion dated 16th April, 2025), Makueni. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3807/eng@2025-05-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.