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ELCDismissedNot stated ( suit by Plaint dated 23/4/2025)· [2025] KEELC 4264 (KLR)

Munyao & another v Gitahi (Environment & Land Case E015 of 2025) [2025] KEELC 4264 (KLR)

Environment and Land Court
29 May 2025
MKMugo Kamau
741 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

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A Kenyan court refused to stop work on disputed land because the ownership question had already been decided in earlier court cases.

What this practically means

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Executive summary

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The Plaintiffs, described as legal representatives of the Estate of Stephen Munyao, registered proprietor of LR Nyandarua/Ol-Kalou South/173, where they claim to have been in possession for over 65 years, sued by Plaint dated 23/4/2025 seeking a permanent injunction against the Defendant's removal of soil, stones and destruction of property on the suit land, a declaration that the land forms part of the Estate, general damages, costs and interest. They also moved contemporaneously for the same reliefs on a temporary basis, citing fear of goons sent by the Defendant and their structures on the land. The Defendant, in a Replying Affidavit, deponed that the suit property was the subject of Nyandarua J.R No. E005 of 2022 and Nyandarua ELC Misc. No. 9 of 2023, in which Y.M. Angima J held that the deceased Munyao Kakunia held half of Plot No. 90 in trust for the Respondents' father; that Munyao Kakunia sold the Defendant a portion of the 30 acres in 1977, sub-divided into parcels 173 and 174, with transfer registered in joint names on 28/7/1979 and exclusive occupation of parcel 173 since. Mugo Kamau J held that, given the prior litigation over the property, the Plaintiffs failed the first Giella v Cassman Brown parameter of a prima facie case with a probability of success. The court disallowed the Plaintiffs'/Applicants' application and reserved costs.

Key legal issues

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01

Prima facie case for temporary injunction

Holding

The Plaintiffs failed to demonstrate a prima facie case with a probability of success because the ownership of the suit land has been the subject of previous litigation, including Nyandarua ELC Misc. No. 9 of 2023 and Nyandarua ELCC No. 99 of 2023

Reasoning

The court noted the suit property was previously litigated: a judgment in Nyandarua J.R No. E005 of 2022 was annexed, and in Nyandarua ELC Misc. No. 9 of 2023 Y.M. Angima J held the deceased held half of Plot No. 90 in trust for the Respondents' father. The court reserved fuller interrogation but held the Plaintiffs fail the first Giella parameter and disallowed the application.

p. 2
02

Defendant's claim of root of title

Holding

The Defendant deponed that Munyao Kakunia sold him a portion of LR Nyandarua/Ol-Kalou/90, transferred and registered on 28/7/1979, and that he has occupied LR Nyandarua/Ol-Kalou South/173 exclusively since 1977

Reasoning

In his Replying Affidavit the Defendant traced his title to a 1977 sale agreement with Munyao Kakunia, approval of sub-division into parcels 173 and 174, registration of transfer forms in joint names with Samwel Njungi Mundia on 28/7/1979, and subsequent transfer of Mundia's interest on 29/2/1996. This was not tested at this interlocutory stage.

p. 2

Legal principles established

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  • A temporary injunction applicant must establish a prima facie case with a probability of success as the first Giella v Cassman Brown criterion

Court orders

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  1. 1.The Plaintiffs'/Applicants' Notice of Motion seeking a temporary injunction over LR Nyandarua/Ol-Kalou South/173 is disallowed
  2. 2.The issue of costs is reserved

Authorities

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Cases cited (1)

  • Giella v Cassman Brown
Jurisdiction invoked
Original jurisdiction under Article 162(2)(b) of the Constitution and the Environment and Land Court Act (not expressly cited in the ruling)

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, "Munyao & another v Gitahi (Environment & Land Case E015 of 2025) [2025] KEELC 4264 (KLR)", Case Analysis (2025). Not stated ( suit by Plaint dated 23/4/2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4264/eng@2025-05-29

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