Chepkwony v Sang (Environment and Land Case E054 of 2025) [2025] KEELC 7860 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Whether the Applicant met the Giella v Cassman Brown threshold for a temporary injunction
The Applicant established a prima facie case with a probability of success, warranting an injunction preserving the suit property pending trial
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.
Legal principles established
#- 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
#- 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.Costs shall be in the cause
- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.