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ELCAllowedNot stated in the judgment (Eldoret ELC, Notice of Motion dated 26.06.2024)· [2025] KEELC 5568 (KLR)

Mutwol v Koima Developers Limited (Environment and Land Case E040 of 2024) [2025] KEELC 5568 (KLR)

Environment and Land Court
28 July 2025
3,934 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~16 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court in Eldoret stopped a buyer from demolishing or selling disputed land, protecting the registered owner until trial.

What this practically means

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Executive summary

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The Plaintiff/Applicant, registered owner of LR. No. Eldoret Municipality Block 14/29, moved the Environment and Land Court at Eldoret by Notice of Motion dated 26.06.2024 under Order 40(1) and (2) of the Civil Procedure Rules, 2010 and Section 13(7)(a) of the Environment and Land Court Act, seeking a temporary injunction restraining the Defendant/Respondent from developing, selling, leasing or interfering with the suit property, an inhibition against dealings, and costs. The parties had executed an Agreement for Sale dated 26.08.2014 for Kshs 20,000,000/-, of which Kshs 10,000,000/- was paid to the Chargee to discharge a charge. The Applicant alleged the Respondent failed to settle the balance or transfer an offered 100 acres, yet unlawfully took possession, demolished developments and retained the ownership documents. The Respondent countered that the full price was paid via a Kshs 17,000,000/- transfer on 29.04.2016, denied the land-swap offer, admitted possession and fencing, and alleged abuse of process and unclean hands. Framing two issues - entitlement to a temporary injunction and costs - the court applied the Nguruman and Mrao principles. It found a prima facie case since the property remained registered in the Applicant's name and payment and handover were disputed, and found the property at risk of waste given the Respondent's unauthorised occupation and demolition. The application was allowed: a temporary injunction was issued pending trial, the Respondent was ordered to deposit the ownership documents with the Deputy Registrar within 7 days, and costs were awarded to the Applicant.

Key legal issues

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01

Whether the Applicant established a prima facie case

Holding

Yes - the Applicant is the registered owner, and the conflicting versions about the Agreement for Sale and payment raise triable issues touching her ownership rights

Reasoning

The suit property is registered in the Applicant's name, conferring rights under Sections 24 and 25 of the Land Registration Act. The parties dispute whether the Respondent paid the full purchase price within 90 days, whether the Kshs 17,000,000 transfer of 29.04.2016 related to the sale agreement, and who took possession and handed over completion documents. These conflicting versions directly engage the Applicant's ownership rights and require the Respondent to give a rebuttal at trial.

p. 7
02

Whether the suit property needed preservation from waste, damage or alienation

Holding

Yes - the Respondent took possession without a formal handover, demolished developments and erected a perimeter wall, showing the property was at risk of being wasted

Reasoning

Although the Applicant remains registered owner, the Respondent is in full occupation, retains the ownership documents, demolished existing developments and erected a perimeter wall before formal handover. Unrestrained occupation would allow the Respondent to develop the property contrary to the Applicant's rights, rendering any decree in her favour difficult or harmful to execute. A temporary injunction was therefore warranted to preserve the property pending trial.

p. 8
03

Who bears the costs of the application

Holding

The Respondent, as the Applicant was successful

Reasoning

Applying the principle that costs follow the event, the court found that since the Applicant succeeded on the application, the Respondent should bear the costs of the application.

p. 8

Legal principles established

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  • An applicant for an interlocutory injunction must sequentially establish a prima facie case, irreparable injury, and, if in doubt, balance of convenience
  • A prima facie case in civil matters is one showing an apparent infringement of a legal right calling for rebuttal
  • Registration confers legal rights over land under the Land Registration Act

Court orders

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  1. 1.An order of temporary injunction restraining the Defendant/Respondent from demolishing, erecting any new structures, developing, selling, leasing out or in any way interfering with the suit property known as LR. No. Eldoret Municipality/Block 14/29 pending the hearing and determination of this suit
  2. 2.The Defendant/Respondent directed to deposit and/or hand over the ownership documents relating to LR. No. Eldoret Municipality Block 14/29 in the name of the Plaintiff/Applicant to the Deputy Registrar of the Environment & Land Court, Eldoret within 7 days for safe keeping pending hearing and determination of the suit
  3. 3.Costs of the application to be borne by the Defendant/Respondent
Jurisdiction invoked
Order 40 (1) and (2) of the Civil Procedure Rules, 2010 as read with Section 13(7)(a) of the Environment and Land Court Act

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, "Mutwol v Koima Developers Limited (Environment and Land Case E040 of 2024) [2025] KEELC 5568 (KLR)", Case Analysis (2025). Not stated in the judgment (Eldoret ELC, Notice of Motion dated 26.06.2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5568/eng@2025-07-28

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