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ELCDismissedNot stated in the judgment· [2025] KEELC 4474 (KLR)

Lois Holdings Limited (Suing through its Director Pamela Karambu Kimbui) v Kimbui & 2 others (Land Case E010 of 2025) [2025] KEELC 4474 (KLR)

Environment and Land Court
11 June 2025
1,202 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~5 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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The plaintiff company, suing through its director Pamela Karambu Kimbui, moved the Environment and Land Court at Kitale by notice of motion dated 12/3/2025 seeking a temporary injunction restraining the defendants from entering, destroying or dealing with LR No. 5335/2 (Title No. IR 5741) in Endebess Sub-County, eviction of the defendants, alternatively maintenance of the status quo prevailing before the alleged 4/3/2025 invasion, and an order directing the Sub-County Police Commander to enforce the orders. The deponent averred 40 years of company ownership, a violent trespass on 4/3/2023 (as deponed) by armed goons who destroyed crops, farm equipment and a house, and reports to the police. The court restated the Giella v Cassman Brown conditions and the primacy of a prima facie case per Mrao and Nguruman, and the meaning of irreparable damage per Esso Kenya and JM v SMK. It found the application deficient: the title annexure was ineligible, there was no board resolution authorising the deponent to file suit, no particulars or photographs of the alleged destruction, no pleading of the activities conducted on the land, no acreage shown, and no evidence of the outcome of police reports. It held that eviction and status quo orders at the interlocutory stage are mandatory in nature requiring exceptional circumstances proved by tangible and cogent evidence, and that the injunction pillars must be surmounted sequentially. The court concluded the applicant had failed to surmount the pillars and dismissed the application with costs on 11 June 2025.

Key legal issues

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01

Prima facie case and proof of nexus to the suit land

Holding

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

Reasoning

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.

p. 2
02

Irreparable damage

Holding

Not demonstrated; no particulars, photographs or reports of destruction of crops, equipment or buildings were provided

Reasoning

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.

p. 2
03

Eviction and status quo at interlocutory stage

Holding

Refused as mandatory in nature; exceptional circumstances with tangible and cogent evidence required and not shown

Reasoning

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.

p. 3

Legal principles established

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  • 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

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  1. 1.The application dated 12/3/2025 is dismissed
  2. 2.Costs to the defendants/respondents
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court over land disputes

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, "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.