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ELCPartially AllowedNot stated in judgment (Kajiado ELC; subject land Kajiado/Kitengela/19745)· [2025] KEELC 7607 (KLR)
Liban v Mainko & Mainko (Vendors and Administrators – of the Estate of Jeremiah Mainko Kidienye - Deceased ) & another (Environment and Land Case 128 of 2025) [2025] KEELC 7607 (KLR)
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·~6 min to read original · ~4 min briefThe bottom line
#A Kenyan land court extended an injunction protecting a Kitengela parcel from sale or transfer, but allowed continued entry and cultivation.
What this practically means
#Executive summary
#This is an interlocutory ruling by the Environment and Land Court at Kajiado on whether ex parte interim orders issued on 3rd October 2025 should be extended pending determination of the plaintiff's application dated 29th September 2025 (seeking a temporary injunction and a restriction over parcel Kajiado/Kitengela/19745) and the 2nd defendant's application dated 27th October 2025 seeking to strike out the suit. At the inter partes hearing on 29th October 2025, the plaintiff sought time and extension of the interim orders; the 1st defendant sought 14 days to reply; the 2nd defendant, while not opposing time, opposed extension, arguing non-disclosure of a judgment in his favour in Kajiado ELC 64 of 2020 (Esther N. Mainko v Edward Njoroge & 2 others) over the same subject matter, and that a prior suit before the Kajiado Chief Magistrate's Court had been dismissed. The plaintiff asserted he was not party to that suit and is the registered proprietor. The court, applying the balancing test in Rockland Kenya Limited v Elliot White Miller, held that pending determination of the weighty question whether the plaintiff may institute a fresh suit notwithstanding the prior judgment, it must preserve the status quo. It extended the interim orders but varied them: the injunction now restrains only alienation, subdivision, sale, charging or other dealing with the suit property, no longer barring entry or cultivation, so as not to interrupt the status quo established by the prior judgment. Directions were issued for replies and supplementary affidavits, with both applications to be heard orally and concurrently on 16th December 2025. Costs were not addressed.
Key legal issues
#01
Whether ex parte interim orders should be extended pending determination of the injunction and striking-out applications
Holding
Yes, but varied - the injunction was confined to restraining alienation, subdivision, sale, charging or other dealing with the suit property, preserving the status quo established in Kajiado ELC 64 of 2020
Reasoning
The court noted the unique position where the 2nd defendant holds a judgment from a court of concurrent jurisdiction (finding continuous uninterrupted possession relevant to adverse possession) while the plaintiff claims he was not party to that suit. Until that threshold question is determined, the court must preserve the status quo, applying the balancing test in Rockland Kenya Limited and taking cognizance of the prior judgment under the Evidence Act.
p. 3
Legal principles established
#- The object of an interlocutory injunction is to protect the plaintiff against injury for which he cannot adequately be compensated in damages, weighed against the corresponding need of the defendant to be protected
- Pending determination of a weighty question, the court has a responsibility to preserve the status quo while balancing the parties' competing interests
Court orders
#- 1.Temporary injunction issued restraining the defendants, their agents or any person acting on their behalf from alienating, subdividing, selling, charging or otherwise dealing with parcel Kajiado/Kitengela/19745 pending hearing and determination of the plaintiff's application dated 29th September 2025 and the 2nd defendant's application dated 27th October 2025 (extension of the interim orders but varied to exclude entry/cultivation restrictions)
- 2.1st defendant granted leave of seven (7) days to respond to both applications dated 29th September 2025 and 27th October 2025
- 3.Plaintiff granted leave to file a supplementary affidavit in response to new issues raised in the 2nd defendant's replying affidavit and a replying affidavit to the 2nd defendant's application dated 27th October 2025 within fourteen (14) days
- 4.2nd defendant granted corresponding leave to file and serve a supplementary affidavit in response to any new issues, if need be, within fourteen (14) days after service
- 5.Time to be of essence
- 6.The two applications to be heard orally and concurrently on 16th December 2025
- 7.Parties to file and serve authorities at least three (3) days before the hearing date
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over land disputes (interlocutory application in a pending suit); not expressly cited
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Liban v Mainko & Mainko (Vendors and Administrators – of the Estate of Jeremiah Mainko Kidienye - Deceased ) & another (Environment and Land Case 128 of 2025) [2025] KEELC 7607 (KLR)", Case Analysis (2025). Not stated in judgment (Kajiado ELC; subject land Kajiado/Kitengela/19745). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7607/eng@2025-11-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.