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ELCPartially AllowedNot stated in judgment (Molo CMCR No E0581/2025 is a related criminal case, not this suit)· [2025] KEELC 7860 (KLR)

Chepkwony v Sang (Environment and Land Case E054 of 2025) [2025] KEELC 7860 (KLR)

Environment and Land Court
12 November 2025
2,277 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~9 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court froze all dealings over a Molo land parcel pending trial, finding fraud claims raised a strong enough case to preserve the status quo.

What this practically means

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Executive summary

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The Applicant, absolute proprietor of land parcel No. Molo South/Langwenda Block 3/135 (Set Kotes) since June 2013, sought a temporary injunction restraining the Defendant from entering, encroaching, developing, selling, charging or leasing the property, an order to pull down structures erected on the land, and police enforcement of the orders. He deponed that the Defendant had been defrauded into buying the land by imposters posing as the Applicant or his agents, that a sale agreement bore a forged signature, and that the Defendant had entered the land with a group of men, fenced it and destroyed crops. The Defendant, a police officer, countered that he purchased the property for Ksh 6,400,000 from persons introduced at a law firm as the owner and his agents, paying part of the price into an account said to belong to the Applicant's son, and alleged the Applicant had himself released the documents for the sale. Both counsel filed submissions. The court framed a single issue: whether the Applicant met the threshold for a temporary injunction. Applying Giella v Cassman Brown and Order 40 Rule 1 of the Civil Procedure Rules, the court noted that the Respondent did not deny the Applicant's ownership, and held it imperative to protect the substratum of the case pending trial. The court issued a temporary injunction restraining the Defendant from entering, encroaching, trespassing, developing, selling, charging or leasing the suit property pending hearing of the suit, with costs in the cause. The mandatory demolition and police enforcement prayers were not granted.

Key legal issues

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01

Whether the Applicant met the Giella v Cassman Brown threshold for a temporary injunction

Holding

The Applicant established a prima facie case with a probability of success, warranting an injunction preserving the suit property pending trial

Reasoning

The court applied the three Giella conditions. On the affidavit evidence both parties claimed possession, but the Respondent did not deny that the land belonged to the Applicant, having purportedly bought it from persons claiming to be the Applicant's agents. Given the disputed sale agreement allegedly signed by a fraudster and the ongoing criminal case, the court found it imperative to protect the substratum of the suit by preserving the status quo pending full trial.

p. 5

Legal principles established

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  • The grant or refusal of a temporary injunction is discretionary but must be exercised judiciously having regard to the parties' rights and the interest of justice
  • The court may grant an interlocutory injunction to protect the substratum of the case where affidavit evidence shows competing claims pending full trial

Court orders

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  1. 1.A temporary injunction is issued restraining the defendant, whether acting by himself or through agents, servants, hoodlums, employees or anybody acting on his authority, from entering, encroaching, trespassing, developing, selling, charging, or leasing land parcel No Molo South/Langwenda Block 3/135 (Set Kotes) pending the hearing and determination of the suit
  2. 2.Costs shall be in the cause

Authorities

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Legislation

  • Constitution of KenyaArticle 162(2)(b)
  • Environment and Land Court ActSection 13(2)
  • Land Registration ActSections 24(a), 25 and 26
  • Penal CodeSection 317
  • Civil Procedure Rules 2010Order 40 Rule 1

Cases cited (17)

  • Dr. Joseph Arap Ngok v Justice Moijo Ole Keiwa & 5 others
    Civil Appeal Number Nai 60 of 1997
  • Evans v Bartlam
    [1937] 2 ALL ER 649
  • Lwanga v Mubiru & others
    (Civil Appeal 18 of 2022) [2024] UGSC7
  • Dina Management Limited v County Government of Mombasa & 5 others
    [2023] KESC 30 (KLR)
  • Joash Ochieng Ougo & another v Virginia Wambui Otieno
    [1987] eKLR
  • Kenya Airline Pilots Association (KALPA) v Cooperative Bank of Kenya Limited & another
    [2020] eKLR
  • Mrao Limited v First American Bank of Kenya Limited & 2 others
    [2003] KLR 125
  • Alice Chemutai Too v Nickson Kipkurui Korir & 2 others
    [2015] eKLR
  • Giella v Cassman Brown
    (1973) EALR 358
  • Vivo Energy Kenya Limited v Maloba Petrol Station Limited & 3 others
    [2015] eKLR
  • National Bank of Kenya v Duncan Owour Shakali & Another
    CA No 9 of 1997
  • Habib Bank Ag Zurich v Eugene Marion Yakub
    CA No 43 of 1982 (unreported)
  • Nguruman Limited v Jan Bonde Nielsen
    (2014) eKLR
  • Amir Suleiman v Amboseli Resort Limited
    [2004] 2KLR 589
  • Pius Kipchirchir Kogo v Frank Kimeli Tenai
    (2018) eKLR
  • Rockland Kenya Limited v Elliot White Miller
    [1994] eKLR
  • Robert Mugo Wa Karanja v Ecobank (Kenya) Limited & Another
    [2019] eKLR
Jurisdiction invoked
Article 162(2)(b) of the Constitution of Kenya and Section 13(2) of the Environment and Land Court Act (invoked by counsel); interlocutory relief under Order 40 Rule 1 of the Civil Procedure Rules 2010

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, "Chepkwony v Sang (Environment and Land Case E054 of 2025) [2025] KEELC 7860 (KLR)", Case Analysis (2025). Not stated in judgment (Molo CMCR No E0581/2025 is a related criminal case, not this suit). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7860/eng@2025-11-12

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