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ELCDismissedELC Mombasa (suit over plot No. 4820/V1/MN; notice of motion dated 10th December 2024)· [2025] KEELC 4572 (KLR)

Mbaru & 204 others v Kenya Scouts Association (Environment & Land Case E104 of 2024) [2025] KEELC 4572 (KLR)

Environment and Land Court
18 June 2025
2,104 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~8 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court dismissed residents' bid to block eviction because occupation and unrelated sale agreements proved no legal claim to the land.

What this practically means

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Executive summary

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The plaintiffs, residents of plot No. 4820/V1/MN at Miritini, Rabai Ndogo in Mombasa County, moved the court by notice of motion dated 10th December 2024 seeking a temporary injunction to restrain the defendant from evicting, demolishing, disposing of, alienating or interfering with the suit property pending trial. They claimed to have bought portions from Mramba Saidi Mramba, the alleged registered owner under title CR. 70985, and to face eviction notices published in newspapers despite the defendant also holding a title (CR. 82371) over the same parcel. The defendant opposed, contending the plaintiffs produced no sale agreements belonging to them or referencing the suit property, that the property is registered in the defendant's name, and that evictions followed lawful notice and consultative meetings. The court framed two issues: the injunction threshold and costs. Applying Giella v Cassman Brown as elaborated in Mrao and Nguruman, it held the plaintiffs failed to establish a prima facie case: the two annexed sale agreements, in the names of third parties, made no reference to the suit parcel, and occupation without a recognisable legal or beneficial interest is not a prima facie case. The plaintiffs also failed to demonstrate irreparable injury, and the balance of convenience tilted against them, there being no privity of contract with the defendant. The notice of motion was dismissed with costs to the defendant, costs following the event under section 27 of the Civil Procedure Act. Interim status quo orders issued earlier thereby lapse with the dismissal.

Key legal issues

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01

Whether the plaintiffs established a prima facie case with a probability of success

Holding

They did not; the sale agreements annexed did not reference the suit property and did not belong to any plaintiff

Reasoning

The court perused the two sale agreements marked 'NON-3' and found neither mentioned parcel No. 4820/V1/MN nor title CR. 70985 or CR. 82371, so no connection was established between the agreements and the suit property. Mramba Saidi Mramba, the alleged seller, was not a party and did not defend his ownership. Occupation alone, without a recognisable legal or beneficial interest, does not amount to a prima facie case.

p. 3
02

Whether the plaintiffs would suffer irreparable loss if the injunction was not granted

Holding

They failed to demonstrate irreparable injury; no evidence beyond the eviction notice supported such a finding

Reasoning

Apart from the published and served eviction notice, no evidence was presented upon which a finding of irreparable loss could rest. The sale agreements concerned payments of Kshs. 80,000 and 70,000, modest sums capable of compensation in damages, and none belonged to any plaintiff. The second Giella test was therefore not met.

p. 4
03

Balance of convenience

Holding

It tilted against granting the injunction, given no privity of contract between the plaintiffs and the defendant

Reasoning

Having failed the first two sequential tests, the application could not stand. The court nonetheless noted that Mramba Saidi Mramba, from whom the plaintiffs claim to have purchased, was not a party and there was no privity of contract between the plaintiffs and the defendant, so the balance of convenience favoured refusal of the injunctive order.

p. 5

Legal principles established

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  • The three Giella v Cassman Brown conditions for a temporary injunction are applied sequentially; failure on the first disposes of the application.
  • Mere occupation of land without a recognisable legal or beneficial interest does not constitute a prima facie case.

Court orders

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  1. 1.That the plaintiffs' notice of motion dated 10th December 2024 is without merit and is hereby dismissed.
  2. 2.The plaintiffs will pay the defendant's costs.

Authorities

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Legislation

  • Civil Procedure Actsection 27

Cases cited (4)

  • Giella versus Cassman Brown & Company Limited
    [1973] E.A 385
  • Mrao versus First American Bank of Kenya Limited & 2 Others
    [2003] eKLR
  • Margaret Njambi Kamau versus John Mwatha Kamau & Another
    [2019] eKLR
  • Nguruman Limited versus Bonde Nielsen & 2 Others
    (2014) eKLR
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court over land within Mombasa County

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, "Mbaru & 204 others v Kenya Scouts Association (Environment & Land Case E104 of 2024) [2025] KEELC 4572 (KLR)", Case Analysis (2025). ELC Mombasa (suit over plot No. 4820/V1/MN; notice of motion dated 10th December 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4572/eng@2025-06-18

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