Some & 2 others v Some (Sued as the legal representative of the Estate of Kiplagat Kituit alias Kiplagat Arap Kituit-Deceased) (Environment and Land Originating Motion E001 of 2025) [2025] KEELC 8027 (KLR)
The bottom line
#The Kapsabet Environment and Land Court froze a disputed Nandi land parcel, keeping it registered in a deceased person's name until the ownership case is fully decided.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicants met the Giella threshold for an interim injunction
Rather than the specific interim injunction sought, the court granted an interim preservation order of status quo under Section 13(7) of the ELC Act
The court applied the Giella principles as reiterated in Nguruman, noting the applicants demonstrated attempts by the Respondent to make entries in the register that could alter the character of the suit land and compromise the suit. Invoking the doctrine of lis pendens and the court's preservation powers, the court held a status quo order was the applicable remedy, preserving the land registered in the deceased's name pending determination.
Whether the applicants demonstrated a risk of alienation defeating their claimed adverse possession rights
Yes - the applicants showed the Respondent had attempted entries in the register to transfer or register the land to third parties
The court found the Respondent had made attempts to make entries at the Lands Registry with intent to transfer or register the suit land in third parties' names, which could alter the character of the land and compromise the suit. This justified preservation of the subject matter pending full determination of title and the adverse possession claim.
Legal principles established
#- Where a party demonstrates attempts to alter the register over land the subject of a suit, the court may issue preservation orders of status quo under Section 13(7) of the Environment and Land Court Act to preserve the subject matter under the doctrine of lis pendens
Court orders
#- 1.Interim preservation order of status quo to prevail over the suit land
- 2.Suit land to remain registered in the name of the deceased, Kiplagat Kituit, and not to be sold, charged, transferred, sub-divided or alienated in any manner pending hearing and determination of the suit
- 3.Costs of the application to be in the cause
- Jurisdiction invoked
- Order 40 of the Civil Procedure Rules 2010 and Section 13(7) of the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Some & 2 others v Some (Sued as the legal representative of the Estate of Kiplagat Kituit alias Kiplagat Arap Kituit-Deceased) (Environment and Land Originating Motion E001 of 2025) [2025] KEELC 8027 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8027/eng@2025-11-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.