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ELCAllowedEldoret ELC (suit number not stated in judgment)· [2025] KEELC 6779 (KLR)

Lochab & another v Allibhai & another (Environment and Land Case E019 of 2025) [2025] KEELC 6779 (KLR)

Environment and Land Court
9 October 2025
3,454 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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An Eldoret court blocked an attempted land takeover, protecting a family that had occupied and used the property for over 40 years.

What this practically means

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Executive summary

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By a Notice of Motion dated 12th March, 2025 filed under certificate of urgency, the two plaintiff applicants, joint registered lessees of parcel No. Eldoret Municipality/Block 12/46, sought a temporary injunction restraining the defendants from interfering with their possession, occupation and use of the suit land or from transferring, leasing or disposing of it, and directing the OCS Langas Police Station to ensure compliance. The applicants claimed the 1st respondent procured a certificate of lease dated 02.11.2024 over land they had held and occupied for over 40 years, asserting the transfer was fraudulent, illegal, null and void ab initio. The 1st respondent opposed, contending the land formed part of his late father's estate, that he was sole beneficiary under a confirmed grant in Nairobi Succession Cause No. 418 of 1992, and that a High Court ruling of 21.11.2024 ordered the parcel registered in his name. Applying the Giella v Cassman Brown principles, the court found a prima facie case: the applicants held a joint certificate of lease, and the registration of the 1st respondent (02.11.2024) preceded the order said to found it (21.11.2024), raising triable issues; the 2nd respondent, custodian of land records, filed no response. Irreparable injury was shown through a threatened eviction and risk of sale, and the balance of convenience favoured the applicants. On 9th October 2025 the court allowed the application, issued the temporary injunction pending hearing of the suit, directed police compliance, and awarded the applicants costs against the defendants.

Key legal issues

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01

Whether the applicants established a prima facie case

Holding

They did; the certificate of lease in their joint names and the chronological discrepancy between the 1st respondent's order (21.11.2024) and registration (02.11.2024) raised triable issues

Reasoning

The court found the applicants held a certificate of lease registered jointly as Entries No. 4 and 5 and had occupied the land for over 40 years. Notably, the order said to found the 1st respondent's registration was issued on 21.11.2024, yet the certificate of lease and official search showed registration effected on 02.11.2024, before the order - questions answerable only at the substantive hearing. The 2nd respondent, custodian of land records, filed no response on Entries 7 and 8.

p. 5
02

Whether the applicants would suffer irreparable injury not compensable by damages

Holding

Yes; threatened eviction and risk of sale to third parties would cause irreparable injury and render the suit nugatory

Reasoning

The applicants demonstrated over 40 years of occupation and business use, a letter from the 1st respondent's advocate demanding vacation and demolition of structures within 3 days, and apprehension of a sale to third parties. The 1st respondent did not deny the applicants' occupation. The court found that eviction or sale would cause injury that monetary compensation could not adequately remedy.

p. 6
03

Where the balance of convenience lies

Holding

In favour of the applicants; maintaining the status quo preserves the suit property

Reasoning

Applying the third Giella principle, the court balanced the inconveniences of both parties, citing Charter House Investment Ltd v Simon K. Sang, and held it just to maintain the status quo preserving the suit property pending hearing and determination of the suit.

p. 7

Legal principles established

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  • An applicant for a temporary injunction must establish a prima facie case with a probability of success, irreparable injury not compensable by damages, and that the balance of convenience lies in his favour, applied sequentially.

Court orders

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  1. 1.An order of temporary injunction issued restraining the defendants, their agents, servants or anybody claiming under them from interfering with the plaintiffs' possession, occupation and use of parcel No. Eldoret Municipality/Block 12/46, or from transferring, leasing, disposing or in any other way dealing with it, pending the hearing and determination of the suit
  2. 2.The OCS Langas Police Station directed to ensure compliance of the orders
  3. 3.Costs of the application to be borne by the defendants/respondents

Authorities

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Legislation

  • Civil Procedure RulesOrder 40 rule 1(2)
  • Environment and Land Court ActSection 13(7)(a)

Cases cited (5)

  • Giella vs Cassman Brown and Co. Ltd
    [1973] EA 358
  • Kenya Commercial Finance Co. Ltd V. Afraha Education Society
    [2001] Vol. 1 EA 86
  • Mrao Ltd vs. First American Bank of Kenya and 2 Others
    (2003) KLR 125
  • Nguruman Limited v Jan Bonde Nielsen & 2 Others
    [2014] eKLR
  • Charter House Investment Limited vs Simon K. Sang and 3 Others
    [2010] eKLR
Jurisdiction invoked
Order 40 (1)(2) of the Civil Procedure Rules and Section 13(7)(a) of the Environment and Land Court Act, 2015

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, "Lochab & another v Allibhai & another (Environment and Land Case E019 of 2025) [2025] KEELC 6779 (KLR)", Case Analysis (2025). Eldoret ELC (suit number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6779/eng@2025-10-09

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