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ELCDismissedChuka ELC Appeal ( memorandum of appeal dated 29/9/2023, amended 1/12/2023)· [2025] KEELC 5612 (KLR)

Mugambi & another v Njeru (Environment and Land Appeal E002 of 2024) [2025] KEELC 5612 (KLR)

Environment and Land Court
22 July 2025
BEB M Eboso
3,048 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Environment and Land Court in Chuka dismissed landowners' appeal, upholding orders protecting a 30-foot public access road and requiring the appellants to pay costs.

What this practically means

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Executive summary

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This is a first appeal to the Environment and Land Court at Chuka (B M Eboso, J) against the ruling of the Chief Magistrate's Court at Chuka (Hon J M Gandani, CM) delivered on 30/8/2023 in Chuka CMC E & L Case No E050 of 2022. The lower court had allowed the respondent's notice of motion dated 23/9/2022, restraining the appellants from further erection of structures on a 30-feet public access road serving the respondent's parcel Muthambi/Igamurathi/693, with an order directing the OCS Ntumu Police Station to enforce compliance. The respondent, the registered proprietor of the parcel, pleaded that the Land Registrar had confirmed a 30-feet public access road encroached upon by unapproved structures blocking his access. The appellants denied owning or controlling the structures and appealed on three grounds: that the threshold for a temporary injunction was not met, that the orders were final in nature at the interlocutory stage, and that their uncontroverted averments were ignored. The court framed two issues: finality of the orders and satisfaction of the Giella v Cassman Brown criteria. It held the granted prayers were interlocutory, not final, and that although the trial court anchored its decision on a prima facie case, the orders were merited on the balance of convenience favouring preservation of the public access road. Applying Mbogo v Shah, the court declined to disturb the discretionary decision, dismissed the appeal and awarded the respondent costs.

Key legal issues

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01

Whether the interlocutory orders were final in nature

Holding

The orders (restraining further erection of structures and directing police to enforce compliance) were interlocutory, not final

Reasoning

The court examined the reliefs in the application dated 23/9/2022. Prayers 1-3 were spent; the substantive reliefs granted were prayers 4 and 5, both of which preserved the status quo pending the main suit. The court found nothing final about them and held the appellants misinterpreted the orders.

p. 5
02

Whether the application met the criteria for interlocutory injunctive relief

Holding

Yes; the respondent established a prima facie case and in any event the orders were merited on the balance of convenience

Reasoning

The respondent was the registered proprietor served by a public access road of 30 feet marked on the RIM and confirmed by the Land Registrar, which the appellants' structures impeded. The appellants disowned the structures. The balance of convenience favoured preserving the public access road, so the orders were deserved.

p. 6

Legal principles established

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  • An appellate court should not interfere with a lower court's exercise of discretion unless there was a misdirection resulting in a wrong decision or the lower court was clearly wrong causing a miscarriage of justice
  • Interlocutory injunctive relief may be sustained on the balance of convenience even where the trial court relied on prima facie case
  • A first appellate court must re-evaluate and analyse the evidence and reach its own independent conclusions

Court orders

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  1. 1.The appeal is rejected and dismissed for lack of merit
  2. 2.The appellants shall bear costs of the appeal
  3. 3.The impugned ruling of 30/8/2023 and the orders therein remain undisturbed

Authorities

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Legislation

  • Civil Procedure ActSection 27

Cases cited (7)

  • Giella v Cassman Brown
    [1973] EA 358
  • Daniel Kipkemoi Siale v Kapsasian Primary School & 2 others
    [2016] eKLR
  • Jay Super Power Cash & Carry Limited v Nairobi City Council & 2 others
    Civil Appeal No 111 of 2002
  • Susan Munyi v Keshar Shiani
    [2013] eKLR
  • Abok James Odera t/a A J Odera & Associates v John Patrick Machira t/a Machira & Co Advocates
    [2013] eKLR
  • Mbogo & Another v Shah
    [1968] EA 98
  • Mrao v First American Bank of Kenya & 2 others
    [2003] KLR 126
On appeal from
Chief Magistrate's Court at Chuka
Chuka CMC E & L Case No E050 of 2022
Jurisdiction invoked
First appellate jurisdiction over an interlocutory ruling of the Chief Magistrate's Court in an environment and land matter

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, "Mugambi & another v Njeru (Environment and Land Appeal E002 of 2024) [2025] KEELC 5612 (KLR)", Case Analysis (2025). Chuka ELC Appeal ( memorandum of appeal dated 29/9/2023, amended 1/12/2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5612/eng@2025-07-22

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