Lois Holdings Limited (Suing through its Director Pamela Karambu Kimbui) v Kimbui & 2 others (Land Case E010 of 2025) [2025] KEELC 4474 (KLR)
The bottom line
#A Kenyan landowner lost its bid for an injunction and eviction because a title document alone, without supporting evidence, cannot win interim court orders.
What this practically means
#Executive summary
#Key legal issues
#Prima facie case and proof of nexus to the suit land
Not established: the title was ineligible, there was no board resolution authorising the deponent, and possession/activities on the land were not pleaded or proved
Apart from the CR12 and certificate of title, the applicant produced no board resolution authorising the deponent, no evidence of the acreage possessed, the 40-year activities on the land, or the outcome of police reports. The court does not hold a mini-trial but must see a right threatened with violation on the face of the material.
Irreparable damage
Not demonstrated; no particulars, photographs or reports of destruction of crops, equipment or buildings were provided
Irreparable damage requires actual, substantial and demonstrable injury not compensable in damages. The applicant pleaded destruction of crops, farm equipment and a house but produced no photographs, reports or particulars, and no evidence of reports to the police of the alleged wastage and vandalism.
Eviction and status quo at interlocutory stage
Refused as mandatory in nature; exceptional circumstances with tangible and cogent evidence required and not shown
Eviction sought at interlocutory stage amounts to a mandatory injunction. The applicant was also required to describe vividly the status quo before the alleged invasion and before filing suit, and to demonstrate actual, real or ongoing threatened loss, none of which was done.
Legal principles established
#- The pillars of injunction must be surmounted sequentially and applied as separate, distinct steps
- Eviction at the interlocutory stage is in the nature of a mandatory injunction requiring exceptional circumstances proved by tangible and cogent evidence
Court orders
#- 1.The application dated 12/3/2025 is dismissed
- 2.Costs to the defendants/respondents
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over land disputes
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Lois Holdings Limited (Suing through its Director Pamela Karambu Kimbui) v Kimbui & 2 others (Land Case E010 of 2025) [2025] KEELC 4474 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4474/eng@2025-06-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.