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)
The bottom line
#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
#Executive summary
#Key legal issues
#Whether the Plaintiff established a prima facie case with a probability of success for a temporary injunction
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
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.
Whether irreparable harm and balance of convenience favoured an injunction
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
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.
Legal principles established
#- 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
#- 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.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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.