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ELCDismissedNot stated in the judgment (ELC suit at Kericho; Notice of Motion dated 3rd March 2025)· [2025] KEELC 7121 (KLR)

Bomet Technical Institute Limited t/a Lomu Investments v Bomet University College & another (Environment and Land Case E014 of 2025) [2025] KEELC 7121 (KLR)

Environment and Land Court
16 October 2025
4,856 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~19 min to read original · ~4 min brief

The bottom line

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The court dismissed the institute's injunction bid, finding money damages could compensate it, but froze all activity on the disputed land meanwhile.

What this practically means

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Executive summary

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The Plaintiff/Applicant, Bomet Technical Institute Limited (formerly Lomu Investments), moved the Court by Notice of Motion dated 3rd March 2025 seeking an interim injunction restraining the Defendants from entering, constructing on, selling, charging, transferring or otherwise dealing with land parcel LR No. Bomet Township/270, pending hearing of its suit for declaration of trespass, permanent injunction, rectification of the Registry Index Map, eviction, general damages, and mesne profits. The Applicant asserted it was allotted the land in 1997, was the registered owner (Certificate of Lease issued 2017), and had been in occupation until the 1st Defendant, a public university and registered owner of the adjoining LR No. Bomet Township/437, invaded the parcel in January 2022 and began construction and borehole drilling. The 1st Defendant opposed, asserting it owns and occupies Township/437, that St. Michael's Primary School occupies the suit parcel, that the Applicant's title was fraudulently obtained, and that ownership was determined in Kericho ELC Case No. 78 of 2012 with an appeal pending; it also alleged material non-disclosure and lack of locus standi. Applying Giella v Cassman Brown and Mrao v First American Bank, the Court held the Applicant's certificate of title established a prima facie case. However, applying Nguruman, it found no irreparable injury not compensable by damages, and held the balance of convenience did not favour the Applicant since both parties mutually contested the legality of each other's titles. The application was dismissed with costs, but invoking Section 3A of the Civil Procedure Act, Section 13 of the Environment and Land Court Act and Practice Direction 28(k), the Court ordered maintenance of the status quo and prohibited any construction, charging, transfer or alteration of the physical or legal status of the suit land pending determination of the suit.

Key legal issues

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01

Whether the Applicant established a prima facie case

Holding

Yes - the Applicant is the registered owner of LR No. Bomet Township/270 as evidenced by the Certificate of Lease and official search

Reasoning

The Applicant produced a Certificate of Lease showing registration of Lomu Investments as owner on 15th December 2003 and issuance of the Certificate of Lease in 2017. Although the 1st Defendant alleged the registration was fraudulently obtained and that ownership was contested in prior Kericho litigation, on the documents the Applicant is the registered owner, which suffices at this stage for a prima facie case.

p. 9
02

Whether the Applicant will suffer irreparable injury not adequately compensable by damages

Holding

No - the Applicant failed to demonstrate irreparable damage

Reasoning

The Applicant relied on its long occupation and the threat of irreversible alteration of land, but did not demonstrate injury that is actual, substantial and demonstrable or incapable of measurement in damages. Mere apprehension of continued construction and loss of value fell short of the Nguruman threshold.

p. 10
03

Where the balance of convenience lies

Holding

It does not tilt in favour of the Applicant

Reasoning

Both parties are challenging the legality of the title documents held by each other and the extent of land held. Given this mutual contest over title and boundaries, and the 1st Defendant's claim that the trespass activities occur on its own parcel, the Court could not say the inconvenience to the Applicant outweighed that to the Defendant.

p. 11
04

Character of grounds of opposition

Holding

The document filed as grounds of opposition was not properly such, as grounds of opposition must address questions of law, not fact

Reasoning

The Court observed that the 1st Defendant's document contained extensive factual assertions, which is impermissible; grounds of opposition are confined to points of law in answer to an application.

p. 5

Legal principles established

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  • The conditions for grant of an interlocutory injunction are a prima facie case with probability of success, irreparable injury not adequately compensable by damages, and, if in doubt, the balance of convenience
  • A prima facie case is one in which a right has apparently been infringed so as to call for an explanation or rebuttal from the opposite party
  • A registered proprietor may establish a prima facie case by producing a certificate of title

Court orders

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  1. 1.The Plaintiff/Applicant's Notice of Motion dated 3rd March 2025 is dismissed with costs
  2. 2.The status quo obtaining as at the date of the ruling shall be maintained pending the hearing and determination of this suit
  3. 3.Parties are prohibited from constructing, charging and/or transferring land parcel No. Bomet Township/270 and/or doing all and any activities whose effect shall be to alter the physical or legal status of the suit land pending the hearing and determination of this suit

Authorities

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Legislation

  • Civil Procedure ActSections 1A, 1B, 3A, 63(e)
  • Civil Procedure RulesOrder 40 Rule 1, Order 51 Rule 1, Section 27
  • Land Registration ActSection 26(2)
  • Limitation of Actions ActSection 4
  • Environment and Land Court ActSection 13

Cases cited (13)

  • Giella versus Cassman Brown
    [1973] EA 358
  • Nguruman Limited versus Jan Bonde Nielson & 2 Others
    CA No. 77 of 2012 [2014] eKLR
  • M M v D C J & another
    [1995] eKLR
  • Waithaka v Industrial and Commercial Development Corporation
    [2001] eKLR
  • Joseph Leboo & 2 Others versus Director Kenya Forest Services & another
    [2013] eKLR
  • Mrao vs First American Bank of Kenya Limited and 2 Others
    [2003] KLR 125
  • Kenleb Cons Ltd vs New Gatitu Service Station Ltd & another
    citation not given
  • Winfred Nyawira Maina vs Peterson Onyiego Gichana
    [2015] eKLR
  • Films Rover International Ltd vs Cannon Film Sales Ltd
    (1987) 1 WLR 670 AT 680
  • British Columbia (Minister of Forests) vs Okanagan Indian Band
    [2003] 3 SCR 371, 2003 SCC 71
  • Pius Kipchirchir Kogo v Frank Kimeli Tenai
    [2018] eKLR
  • Paul Gitonga Wanjau v Gathuthis Tea Factory Company Ltd & 2 others
    [2016] eKLR
  • Bomet Technical Institute Limited T/A Lomu Investments v Joel Ruto & 22 Others
    Kericho ELC Case No. 78 of 2012
Jurisdiction invoked
Sections 1A, 1B, 3A & 63(e) of the Civil Procedure Act and Order 40 Rule 1 & Order 51 Rule 1 of the Civil Procedure Rules; Section 13 of the Environment and Land Court Act

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, "Bomet Technical Institute Limited t/a Lomu Investments v Bomet University College & another (Environment and Land Case E014 of 2025) [2025] KEELC 7121 (KLR)", Case Analysis (2025). Not stated in the judgment (ELC suit at Kericho; Notice of Motion dated 3rd March 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7121/eng@2025-10-06

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