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ELCDismissedNot stated in extract (Kisumu ELC, Notice of Motion dated 22nd September 2025)· [2025] KEELC 7087 (KLR)

Nyanya v Rayori & 4 others (Land Case E034 of 2024) [2025] KEELC 7087 (KLR)

Environment and Land Court
14 October 2025
EAE. Asati
1,240 words in judgment
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The bottom line

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The Environment and Land Court in Kisumu refused to stop a petrol station project because the applicant's land title had already been cancelled by earlier court decisions.

What this practically means

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Executive summary

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The Plaintiff/Applicant moved the Environment and Land Court at Kisumu by Notice of Motion dated 22nd September 2025 seeking a temporary injunction restraining the Defendants from continuing construction, commissioning or operation of a petrol station on Kisumu/Kanyakwar 'A'/112, an order for ingress to retrieve and secure installations (including underground fuel tanks and canopy structures) valued at Kshs. 47,000,000, and an injunction against the Defendants deriving commercial benefit from his developments, including through leasing to petroleum companies. The Respondents opposed, contending the application was sub judice, duplicating an application dated 18th June 2025; that the sale to the Applicant was an unlawful intermeddling with a deceased's estate, subsequently nullified in Succession Cause No. 789 of 2016; and that possession had been regained following the decision in Winam ELC No. E038 of 2024. Applying the Giella v Casman Brown principles, Asati J found no prima facie case: the register showed the Applicant's title, lease and charge had been cancelled and the land now stood in the Respondents' names. Irreparable injury was also absent, as the plaint seeks refund of the purchase price and development costs, an adequate remedy in damages. Orders against the third party allegedly operating the premises could not issue since it was neither joined nor evidenced. The application was dismissed with each party bearing their own costs, the ruling delivered virtually on 14th October 2025.

Key legal issues

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01

Prima facie case

Holding

Not demonstrated; the register shows the Applicant's title, lease and charge were cancelled in Succession Cause No. 789 of 2016 and the land is now registered in the Respondents' names

Reasoning

The green card exhibited by the Applicant confirmed cancellation of all his registrations. The court also found the application essentially duplicated an earlier pending application, undermining the claimed new facts. Consequently, the Applicant failed the first Giella ground.

p. 3
02

Irreparable injury

Holding

Not demonstrated; the Applicant claims monetary refunds in the plaint, an adequate remedy

Reasoning

Ownership and possession had been lost through decisions in the succession cause and the Winam case, with no appeal or setting aside. Since the plaint seeks refund of development costs and purchase price, damages would adequately compensate, defeating the second Giella ground.

p. 3
03

Binding orders against an absent third party

Holding

Orders sought against the third party operating the premises cannot issue as it was not joined

Reasoning

The relief targeted a non-party allegedly using the Applicant's infrastructure. No evidence of the third party's operations was produced and it was not joined, so any orders the court made would not bind it. This further defeated the injunction application.

p. 3

Legal principles established

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  • An applicant for a temporary injunction must demonstrate a prima facie case with a probability of success, irreparable injury, and the balance of convenience (Giella v Casman Brown)
  • If the applicant's claim is for refund of monies, no irreparable injury arises from refusal of an injunction

Court orders

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  1. 1.The Notice of Motion dated 22nd September 2025 is dismissed
  2. 2.Each party to bear own costs of the application
Jurisdiction invoked
Not expressly stated; original civil jurisdiction of the Environment and Land Court over land parcel Kisumu/Kanyakwar 'A'/112

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, "Nyanya v Rayori & 4 others (Land Case E034 of 2024) [2025] KEELC 7087 (KLR)", Case Analysis (2025). Not stated in extract (Kisumu ELC, Notice of Motion dated 22nd September 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7087/eng@2025-10-14

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