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ELCPartially AllowedNotice of motion dated 27-1-2025 (suit number not stated in judgment)· [2025] KEELC 5588 (KLR)

Nduati (Suing for and on Behalf of Christian Church International (CCI)) v Ndungu (Enviromental and Land Originating Summons E013 of 2023) [2025] KEELC 5588 (KLR)

Environment and Land Court ( High Court acting under Civil Procedure Rules - court not expressly named in judgment)
28 July 2025
MGM.N. Gicheru
746 words in judgment
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The bottom line

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A Kenyan court froze all activity on disputed Murang'a land, favouring children and mothers living there, and ordered the case resolved within one year.

What this practically means

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Executive summary

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This ruling by M.N. Gicheru Judge, delivered virtually at Murang'a on 28 July 2025, determines a notice of motion dated January 2025 brought by the Plaintiff under Order 40 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act. The Plaintiff sought an injunction restraining the Defendant, his servants, agents or persons claiming through him from interfering with the status of L.R. No. Mitubiri/Nanga/Block 2/244 (Greystone Holdings) pending the hearing and determination of the suit, plus costs. The Plaintiff alleged the Defendant was unlawfully digging, constructing and depositing construction materials on the disputed land, thereby preempting the court's judgment. The Defendant opposed, swearing that he was never a member of the Plaintiff's church; that his own Greystone Christian Church owns and has occupied the land since 1992; and that the land hosts 187 children supported in partnership with Compassion International Kenya as well as expectant mothers. Both counsel agreed the sole issue was entitlement to an injunction under the Giella vs Cassman Brown principles. The court declined to speculate on a prima facie case to avoid prejudicing the trial, found the plaintiff's affidavit lacking detail, and held that any loss was compensable by damages. However, on the balance of convenience, and considering the children and expectant mothers living on the land, the court granted prayer (c) restraining interference with the status quo, and directed that the case be concluded within one year.

Key legal issues

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01

Entitlement to an interlocutory injunction under Order 40

Holding

The court declined to speculate on a prima facie case, found no substantial loss incapable of compensation by damages, but granted the injunction on the balance of convenience, directing status quo and speedy conclusion.

Reasoning

The court applied the three Giella vs Cassman Brown principles. It refused to determine the prima facie case at interlocutory stage to avoid prejudicing the fair trial. On substantial loss, it reasoned that if the land is ultimately found to belong to the plaintiff, development by the defendant would not cause compensable loss. Nevertheless, it found the balance of convenience favoured no construction, given children and expectant mothers reside on the land, and directed that the pending case be concluded within one year.

p. 2

Legal principles established

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  • For an interlocutory injunction a party must show a prima facie case with probability of success, substantial loss not compensable by damages, and, if in doubt, the balance of convenience

Court orders

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  1. 1.An order of injunction restraining the Defendant, his servants, agents or any persons claiming through him from interfering with the status of L.R. No. Mitubiri/Nanga/Block 2/244 (Greystone Holdings) pending the hearing and determination of this suit
  2. 2.Case to be concluded within a period of one (1) year
Jurisdiction invoked
Order 40 of the Civil Procedure Rules and Section 3A of the Civil Procedure 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, "Nduati (Suing for and on Behalf of Christian Church International (CCI)) v Ndungu (Enviromental and Land Originating Summons E013 of 2023) [2025] KEELC 5588 (KLR)", Case Analysis (2025). Notice of motion dated 27-1-2025 (suit number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5588/eng@2025-07-28

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