Ominde v Lubonga & 2 others (Environment and Land Case E011 of 2025) [2025] KEELC 7388 (KLR)
The bottom line
#The Environment and Land Court in Bungoma refused to stop a bank auction because the buyer could not prove a legally recognised interest in the charged land.
What this practically means
#Executive summary
#Key legal issues
#Prima facie case with probability of success
Not established - the sale agreement did not identify the suit property and the Applicant held no registrable interest; the 1st Defendant only acquired title on 8th November 2018 and could not validly have sold in 2016, but the Applicant produced no title, search, caution or restriction
The court examined the sale agreement and found it lacked particulars of the land sold. It further noted the 1st Defendant obtained title only in November 2018, postdating the alleged 2016 sale, yet the Applicant produced no title document, official search, caution or restriction evidencing a legally recognisable interest. Sections 24 and 25 of the Land Registration Act confer indefeasible rights on the registered proprietor.
Irreparable harm not compensable by damages
Not established - the Applicant produced no valuation report or receipts for alleged improvements, while the chargee produced a professional valuation enabling compensation
The Applicant alleged extensive developments but offered no valuation report or receipts. The 2nd and 3rd Defendants produced a Hillscape Valuers Limited report valuing the property at Kshs. 650,000, which would guide compensation if the Applicant later proved an interest. Damages were therefore an adequate remedy.
Balance of convenience
Tilts against the injunction - the 1st Defendant voluntarily charged the property, the loan arrears of Kshs. 890,447.74 were uncontroverted, and the Applicant failed to show a prima facie case
The 2nd Defendant demonstrated on oath that the 1st Defendant willingly offered the property as security and defaulted, leaving arrears of Kshs. 890,447.74 as at 20th March 2025. These averments were not controverted. Since the Applicant had not shown a prima facie case, the balance of convenience favoured the secured creditor's statutory power of sale.
Legal principles established
#- A purchaser's unregistered contractual claims cannot override the rights of a registered chargee under an indefeasible registered charge
- Sections 24 and 25 of the Land Registration Act vest absolute and indefeasible ownership in the registered proprietor, subject only to rights noted in the register
- A sale agreement lacking particulars of the land is incapable of creating or conferring any proprietary or equitable interest in the property
Court orders
#- 1.The Notice of Motion application dated 26th April 2025 is dismissed
- 2.Costs of the application awarded to the Defendants/Respondents
- Jurisdiction invoked
- Original civil jurisdiction of the Environment and Land Court over land in Bungoma County; no specific constitutional/statutory provision invoked for jurisdiction
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ominde v Lubonga & 2 others (Environment and Land Case E011 of 2025) [2025] KEELC 7388 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7388/eng@2025-10-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.