Sanyi Jituan Sense Investment Limited & another v Equity Bank Kenya Limited & another (Environment and Land Case E024 of 2024) [2025] KEELC 6384 (KLR)
The bottom line
#Kenya's Environment and Land Court confirmed it can hear land-title disputes against banks, but chose to freeze the situation rather than grant a full injunction.
What this practically means
#Executive summary
#Key legal issues
#Whether the ELC has jurisdiction over claims for declarations of title and injunction restraining statutory power of sale
The ELC has jurisdiction because the predominant issue is the validity of title, within Section 13 of the ELC Act
Applying the predominant purpose test from Suzane Butler v Redhill Investors, the court examined the plaint's prayers. The plaintiffs sought declarations that they are rightful registered proprietors of specific parcels and a permanent injunction against interference with possession. These are disputes relating to title and interests in land under Article 162(2)(b) and Section 13 of the ELC Act, notwithstanding the commercial origin of the charge and loan facility.
Whether injunctive relief should issue at the interlocutory stage
The court granted maintenance of status quo rather than a full injunction, given third-party claims and parallel proceedings
The court noted as a matter of record that third parties have surfaced asserting interests over the suit properties and that other proceedings are ongoing in other courts, including status quo orders in ELC Petition E014 of 2014. In these circumstances it considered preservation of the position pending full trial the appropriate course rather than granting final interlocutory relief.
Legal principles established
#- Where a dispute involves both land and commercial elements, jurisdiction between the ELC and the High Court is determined by the predominant purpose of the transaction
- Jurisdiction must be determined at the earliest opportunity once raised
Court orders
#- 1.The Preliminary Objection dated 17th May 2024 is dismissed
- 2.The status quo is to be maintained pending the hearing and determination of the suit
- 3.Costs shall abide outcome of the main suit
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution; Section 13 of the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Sanyi Jituan Sense Investment Limited & another v Equity Bank Kenya Limited & another (Environment and Land Case E024 of 2024) [2025] KEELC 6384 (KLR)", Case Analysis (2025). ELC Case (Kiambu Road suit properties; ELC Petition E014 of 2014 referenced). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6384/eng@2025-07-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.