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ELCPartially AllowedLand Case E340 of 2024· [2025] KEELC 4038 (KLR)

Kamaru & another v Nugi (Land Case E340 of 2024) [2025] KEELC 4038 (KLR)

Environment and Land Court
22 May 2025
MCMBOGO C.G.
2,499 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~10 min to read original · ~4 min brief

The bottom line

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In a dispute over Nairobi property L.R. No. 57/862, the Environment and Land Court granted neither side an injunction, freezing all dealings and developments until trial.

What this practically means

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Executive summary

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Before the Environment and Land Court were two competing interlocutory applications: the plaintiffs' notice of motion dated 19th August 2024 seeking an injunction restraining the defendant from evicting, selling, leasing or interfering with L.R. No. 57/862 (Original No. 57/29/30), and the defendant's notice of motion dated 4th October 2024 seeking the plaintiffs' eviction and an injunction against their trespass and construction. The dispute arises from a sale agreement dated 20th November 2018 for Kshs. 38,500,000; the plaintiffs say they paid Kshs. 3,000,000 as deposit and a further Kshs. 32,500,000 but were denied completion documents and asked for extra payments, while the defendant, the registered proprietor, contends the plaintiffs breached the agreement, owe Kshs. 4,200,000, and took forceful possession on 3rd August 2024. Both parties filed submissions and relied on authorities including Mrao Ltd and Giella v Cassman Brown. The court, applying the Giella and Nguruman principles as espoused in the judgment, found that although the defendant is the registered owner, the real dispute concerns payment of the balance and completion documents, and that neither party established a prima facie case or demonstrated risk of disposal, damage, alteration or alienation. The court observed that the plaintiffs took forceful possession and that the disputed balance is compensable in damages. Rather than granting either injunction, the court ordered preservation of the status quo: no further developments, alterations or dealings on the title by either party until the suit is determined, with costs in the cause.

Key legal issues

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01

Whether either party met the Giella v Cassman Brown threshold for interlocutory injunction

Holding

Neither party did; the court instead ordered preservation of the status quo pending trial

Reasoning

The registered ownership of the defendant and the sale agreement were not in dispute, but the contested terms on payment of the balance and completion documents meant neither side demonstrated an apparent infringement of a legal right. No risk of disposal, damage, alteration or alienation was shown. The plaintiffs' inconsistent claims about possession undermined them. The disputed balance is compensable in damages, so status quo was the fitting order.

p. 5

Legal principles established

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  • The requirements for a temporary injunction (prima facie case, irreparable injury, balance of convenience) are sequential hurdles the applicant must surmount
  • Injunction orders are meant to preserve the suit property pending the just determination of the case

Court orders

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  1. 1.Status quo ordered: the suit property to remain as it is with no further developments or alterations, and with no dealing on the title deed by either party until the suit is heard and determined
  2. 2.Costs to be in the cause

Authorities

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Legislation

  • Constitution of KenyaArticle 40
  • Environment and Land Court ActSections 13 and 14
  • Civil Procedure ActSections 1A, 1B and 3A
  • Civil Procedure RulesOrder 40 Rules 1 & 2

Cases cited (13)

  • Mrao Ltd v First American Bank of Kenya and 2 others
    [2003] eKLR
  • Joseph Sire Oromo v Housing Finance Company of Kenya
    [2008] eKLR
  • Banis Africa Ventures Limited v National Land Commission
    [2021] eKLR
  • Pius Kipchirchir Kogo v Frank Kimeli Tenai
    [2018] eKLR
  • Charity Njeri Kanyua v Trevor Kent
    [2016] eKLR
  • American Cynanid v Ethicon Ltd
    (1975) 1 All ER 510-511
  • Hezron Kamau Gichuru v Kianjoya Enterprises Ltd & another
    [2022] eKLR
  • Paul Gitonga Wanjau v Gathuthis Tea Factory Company Ltd & 2 others
    [2016] eKLR
  • Kenya Commercial Finance Co. Ltd v Afraha Education Society
    [2001] Vol. 1 EA 86
  • Suraya Holdings Limited v ICICI Bank Ltd & anor
    [2015] eKLR
  • Giella versus Cassman Brown
    (1973) EA 358
  • Nguruman Limited versus Jan Bonde Nielsen & 2 others
    CA No.77 of 2012 [2014] eKLR
  • Dr. Simon Waiharo Chege vs. Paramount Bank of Kenya Ltd.
    Nairobi (Milimani) HCCC No. 360 of 2001
Jurisdiction invoked
Article 40 of the Constitution; Sections 13 and 14 of the Environment and Land Court Act; Sections 1A, 1B and 3A of the Civil Procedure Act; Order 40 Rules 1 & 2 of the Civil Procedure Rules

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, "Kamaru & another v Nugi (Land Case E340 of 2024) [2025] KEELC 4038 (KLR)", Case Analysis (2025). Land Case E340 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4038/eng@2025-05-22

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