Kipchilat v Lepeyo & 11 others (Environment and Land Appeal E005 of 2025) [2025] KEELC 6062 (KLR)
The bottom line
#A registered landowner in Kenya won a court order stopping others from using or selling his land until his appeal is heard.
What this practically means
#Executive summary
#Key legal issues
#Threshold for injunction pending appeal
The Applicant satisfied the threshold: registered title showed an arguable appeal, damages may not adequately compensate, and the injunction preserves the substratum of the appeal
The court applied the Giella v Cassman Brown principles as restated in Siahi v Muhindi. The annexed title showing the Applicant as registered owner established an arguable appeal. The 3rd Respondent's replying affidavit admitted trespass as the land does not belong to them, and the trial court did not adjudicate on the issue, strengthening arguability. The purpose of such an injunction is preservation of the substratum of the case, and the appeal would be rendered nugatory if the property were alienated.
Arguability of the appeal
The Applicant demonstrated an arguable appeal from his registered title and the Respondents' admission of trespass
The memorandum of appeal raised nine grounds. The supporting affidavit annexed a title showing the Applicant as registered owner of the suit land, which was prima facie evidence of an arguable appeal. Further, the 3rd Respondent admitted trespass in his replying affidavit, conceding the land does not belong to them, and the trial judgment had not adjudicated on that issue, so the appeal was arguable.
Legal principles established
#- An applicant for a temporary injunction pending appeal must demonstrate an arguable case, irreparable injury absent the injunction, and that the balance of convenience tilts in his favour
Court orders
#- 1.An order of injunction restraining the Respondents, their servants and/or agents, from trespassing on, creating further roads, cultivating, planting crops, making contours, sub-dividing, disposing of or otherwise dealing with L.R NO 10978/2 Title No. I.R No 68681 pending the hearing and determination of the Appeal
- 2.The Appellant shall file and serve the Record of Appeal within 45 days and fast track the hearing of the Appeal
- 3.Costs shall abide by the outcome of the Appeal
- On appeal from
- trial court (lower court/magistrates' court)
- Jurisdiction invoked
- Order 42 Rule 6 of the Civil Procedure Rules (injunction pending appeal)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kipchilat v Lepeyo & 11 others (Environment and Land Appeal E005 of 2025) [2025] KEELC 6062 (KLR)", Case Analysis (2025). Notice of Motion dated 30th May 2025 (appeal filed herein). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6062/eng@2025-09-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.