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ELCAllowedELC E053 OF 2025· [2025] KEELC 7898 (KLR)

Wilfred Gakuya Waweru alias Wilfred Waweru Gakuya (Suing as the Legal Representative of the Estate of the Late Jemimah Nyambura Gakuya) v Kanyoni & 4 others (Enviromental and Land Originating Summons E053 of 2025) [2025] KEELC 7898 (KLR)

Environment and Land Court
13 November 2025
2,211 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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A Nairobi court stopped the auction of a Thome plot worth over Kshs 100 million because its true ownership must first be settled at trial.

What this practically means

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Executive summary

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This is a ruling on the Plaintiff's Notice of Motion dated 28th August 2025 seeking a temporary injunction restraining the 1st to 3rd Defendants from interfering with Plot No. 617 Thome Farmers No. 5 Limited alias LR 13330/373 converted to Nairobi Block 245/237 along Thika Road, pending hearing of the substantive suit. The Plaintiff claims the plot through his late mother, a shareholder of Thome Farmers No. 5 Limited allotted the plot in 1987 who remained in possession and paid Kshs 300,000 towards processing of title, but died in 2000 before registration. He discovered that the plot was transferred to the 1st Defendant on 2nd May 2024, charged to the 3rd Defendant to secure a Kshs 5 million loan to Joyland Rides Motors Limited, and was slated for public auction. The 1st Defendant asserted he was a due-diligent purchaser; the 2nd Defendant denied ever selling or transferring the plot, calling the transfer fraudulent; the 3rd Defendant confirmed the charge and statutory notices. Applying Giella v Cassman Brown as clarified in Mrao Ltd v First American Bank, the court found a prima facie case: the root of the 1st Defendant's title required interrogation at trial, damages would not adequately compensate the Plaintiff, and the balance of convenience favoured preserving the substratum of the suit. The application was allowed, with an injunction issued pending trial, and costs were granted in the cause.

Key legal issues

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01

Whether the Plaintiff established a prima facie case with a probability of success for a temporary injunction

Holding

The Plaintiff demonstrated that his late mother had ownership documents over the suit plot, remained in possession, paid Kshs 300,000 towards processing of title, and that the 2nd Defendant denied selling to the 1st Defendant, warranting interrogation of the root of the 1st Defendant's title at trial

Reasoning

The court applied the Giella v Cassman Brown test and Mrao definition of a prima facie case. The Plaintiff's late mother had shareholding and possession, paid Kshs 300,000 through her tenant, and the 2nd Defendant disclaimed the transfer to the 1st Defendant, casting doubt on the root of the 1st Defendant's title. Ownership could only be resolved at trial, so the substratum of the suit had to be protected.

p. 4
02

Whether irreparable harm and balance of convenience favoured an injunction

Holding

The Plaintiff would suffer irreparable harm not compensable by damages if the plot was sold by public auction, and the balance of convenience favoured protecting the substratum of the suit

Reasoning

The suit plot, valued in excess of Kshs 100,000,000, was scheduled for public auction on 26th November 2025 over a Kshs 5 million charge. A sale would extinguish the subject matter of the dispute, and damages would not be an adequate remedy, tilting the balance of convenience towards preserving the suit property.

p. 5

Legal principles established

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  • A prima facie case is one in which, on the material presented, a court concludes a right has apparently been infringed so as to call for an explanation from the opposite party
  • Where ownership of suit land is disputed and the root of a registered owner's title requires interrogation at trial, the court may grant an interlocutory injunction to protect the substratum of the suit

Court orders

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  1. 1.Temporary injunction restraining the 1st to 3rd Defendants, their servants, agents and/or all those acting under their instructions from trespassing on, transferring, wasting, erecting, dumping, developing and/or adversely interfering with the suit property known as Plot No. 617 Thome Farmers No. 5 Limited alias LR 13330/373 converted to Nairobi Block 245/237 situated along Thika Road pending the hearing and determination of the substantive suit
  2. 2.Costs in the cause
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court over disputes relating to title to land (interlocutory application in a pending suit)

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, "Wilfred Gakuya Waweru alias Wilfred Waweru Gakuya (Suing as the Legal Representative of the Estate of the Late Jemimah Nyambura Gakuya) v Kanyoni & 4 others (Enviromental and Land Originating Summons E053 of 2025) [2025] KEELC 7898 (KLR)", Case Analysis (2025). ELC E053 OF 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7898/eng@2025-11-13

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