Kings Acre Developers Limited v Amani Development Company Limited & another (Environment and Land Case E020 of 2024) [2025] KEELC 6136 (KLR)
The bottom line
#A Kenyan land court refused to stop property dealings due to weak evidence, but ordered a former joint lawyer to hand over key contract documents within 60 days.
What this practically means
#Executive summary
#Key legal issues
#Whether the plaintiff established a prima facie case for a temporary injunction
No. The plaintiff did not attach the alleged JV agreement, the exit agreement is unexecuted, and no title document or official search demonstrated the parties' interests in the suit property; the construction contract names strangers to the suit.
The onus lay on the applicant to prove a prima facie case on a preponderance of probabilities under Giella and Mrao. The plaintiff omitted the alleged JV agreement and tendered an unexecuted exit agreement. No title document or certificate of official search was tendered. The construction contract named Homs Group International and Asal Builders, whose connection to the parties the court could not decipher. The first test therefore failed and the injunctive relief failed.
Whether the interested party should be compelled to produce documents relating to the JV and exit agreements
Yes. The plaintiff made a case for discovery under Section 22 of the Civil Procedure Act and Article 35(1)(b); the IP, being the joint advocate with custody of the documents, did not oppose the motion.
The court's discretionary discovery powers under Section 22 of the Civil Procedure Act, anchored in Article 35(1)(b), must be exercised judiciously. Discovery ensures relevant documentary material is available for the fair disposal of the suit. The documents show the plaintiff lacks the contracts, the IP (former joint advocate) did not dispute custody and did not oppose, and the defendant did not object to discovery despite its time-bar objection.
Legal principles established
#- An applicant for an interlocutory injunction must establish a prima facie case, demonstrate irreparable injury, and show that the balance of convenience is in its favour.
- A prima facie case requires more than an arguable case; the evidence must show an infringement of a right and probability of success at trial.
- The true purpose of discovery is to level the litigation field, expedite hearing, reduce costs and allow parties to gauge the case they will face at trial.
Court orders
#- 1.The interested party shall, within 60 days hereof and at the parties' cost, under oath, deliver to the plaintiff and defendant all documents in its possession related to the joint venture agreement and subsequent exit agreement entered into by the parties herein if any.
- 2.Costs of the motion shall abide by the outcome of the main suit.
- 3.This matter shall be mentioned for pretrial directions.
- Jurisdiction invoked
- Order 40 Rule 1 of the Civil Procedure Rules; Section 22 of the Civil Procedure Act read with Article 35(1)(b) of the Constitution of Kenya
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kings Acre Developers Limited v Amani Development Company Limited & another (Environment and Land Case E020 of 2024) [2025] KEELC 6136 (KLR)", Case Analysis (2025). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6136/eng@2025-09-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.