Boro v Mboro & another (Environment and Land Case E031 of 2025) [2025] KEELC 7408 (KLR)
The bottom line
#A Kajiado court refused to stop a woman's sister from dealing with two Kisaju plots because the applicant's own documents showed she held them on her sister's behalf.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicant established a prima facie case with a probability of success
She did not; the record showed she held the two titles on behalf of her sister, the 1st Defendant, per the DPP's letter and the special Power of Attorney
The court noted that in the DPP's letter the applicant admitted holding the two titles on behalf of her sister, and that a special Power of Attorney dated 27th April 2018 had been donated by the 1st Defendant. Against that material the applicant could not show a prima facie case with a probability of success at trial, defeating the first Giella limb.
Whether the applicant would suffer irreparable harm and where the balance of convenience lies
No irreparable harm demonstrated; the balance of convenience tilts in favour of the 1st Defendant, the registered owner
Having failed the first limb of Giella, the court still assessed irreparable harm and the balance of convenience. It found the applicant failed to demonstrate irreparable harm and that the balance of convenience favoured the 1st Defendant, who is the registered owner of the suit properties, so the injunction could not issue.
Legal principles established
#- The principles for grant of a temporary injunction are those in Giella v Cassman Brown, as reaffirmed in Nguruman Limited v Jan Bonde Nielsen
Court orders
#- 1.The Notice of Motion dated 17th March 2025 is dismissed with costs to the 1st Defendant/Respondent
- Jurisdiction invoked
- Sections 73 & 48 of the Land Registration Act; Sections 3 & 3A of the Civil Procedure Act; Article 159(2)(d) of the Constitution of Kenya
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Boro v Mboro & another (Environment and Land Case E031 of 2025) [2025] KEELC 7408 (KLR)", Case Analysis (2025). ELC Case (Kajiado) - Notice of Motion dated 17th March 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7408/eng@2025-10-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.