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ELCDismissedNot stated in the judgment· [2025] KEELC 8261 (KLR)

Njoroge v Hasham Lalji Properties Limited & another (Environment and Land Case E039 of 2024) [2025] KEELC 8261 (KLR)

Environment and Land Court
27 November 2025
4,157 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~17 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court ruled that a fixed-term tenant whose lease expired has no right to an injunction, even after repeated renewals.

What this practically means

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Executive summary

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The Plaintiff, a long-standing tenant of premises on Eldoret Municipality/Block 6/58, filed two applications: a Notice of Motion dated 22nd June 2024 seeking an interlocutory injunction restraining the Defendants from evicting him or re-letting the premises, and a Motion dated 1st July 2024 seeking review of the court's 27th June 2024 decision declining to certify the injunction application urgent, together with interim orders. He claimed the lease, renewed three times since 1993, had generated an expectation or promise of renewal giving rise to proprietary estoppel, and that having invested KShs. 3,500,000 in renovations and being 79 years old and ailing, he would suffer irreparable loss if evicted. The Defendants, through a Replying Affidavit of Paul Rutto, Director of the 2nd Defendant (estate agents managing the 1st Defendant in receivership), opposed both applications, contending the fixed-term lease expired on 30th June 2024, the request for renewal was declined, and a tenant without an active lease must deliver vacant possession. Applying Giella v Cassman Brown, Mrao and Nguruman, the court found the three leases were fixed-term tenancies of 5 years 3 months, creating no equitable right to perpetual renewal; the renovations were made with knowledge of expiry; no promise of renewal was shown to ground proprietary estoppel; and the alleged loss was not irreparable, old age alone being no basis to deny proprietary rights. The prayer for review failed as overtaken by events and lacking any Order 45 Rule 1 ground. Both applications were dismissed with costs in the cause.

Key legal issues

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01

Whether the Plaintiff established a prima facie case for an interlocutory injunction

Holding

No prima facie case was established; the leases were fixed-term and created no equitable right to renewal and no basis for proprietary estoppel.

Reasoning

The court examined the three leases (2007, 2013, 2019), each for a term of 5 years 3 months. All were fixed-term leases ending on expiry of the term. None created an equitable right for the Plaintiff to remain for life or for the leases to always be renewed. The renovations were done with knowledge of the expiry date, and no promise to renew was shown, defeating the proprietary estoppel claim.

p. 6
02

Whether the Plaintiff would suffer irreparable loss absent an injunction

Holding

No irreparable harm was shown; the alleged loss of business income was not shown to be incapable of being run elsewhere and old age alone cannot displace proprietary rights.

Reasoning

The Plaintiff claimed loss of livelihood and medical income at 79 years of age. The court found he did not explain why his business could not relocate, had nearly three months to seek alternative premises, and that advanced age cannot be a basis to deny a party their proprietary rights. Loss was therefore not shown to be uncompensable by damages.

p. 7
03

Whether the balance of convenience favoured the Plaintiff

Holding

It did not; the lease had expired and the Plaintiff had no right capable of protection by injunction.

Reasoning

Applying Kenleb Cons Ltd, the court held an applicant must show a legal or equitable right requiring protection. The lease expired on 30th June, 2024, was not renewed, and the Defendants gave almost three months' notice to vacate despite no such obligation in the tenancy agreement. Without such a right, no injunction could issue.

p. 7
04

Whether review of the urgency certification was merited under Order 45 Rule 1

Holding

Not merited; the application was overtaken by events and relied on information already communicated on 13th March, 2024.

Reasoning

The order sought to be reviewed was the refusal to certify urgency; the injunction application had since been determined on merit. The eviction threat in the 26th June 2024 letter repeated what was in the 13th March 2024 letter. The prayer met none of the Order 45 Rule 1 grounds for review.

p. 7

Legal principles established

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  • Fixed-term leases end when the agreed term expires, and repeated renewals do not create a right of perpetual renewal absent a promise by the landlord.
  • An applicant for an injunction must show a legal or equitable right requiring protection; a tenant whose fixed-term lease has expired has no such right.

Court orders

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  1. 1.The two applications dated 22nd June, 2024 and 1st July, 2024 lack merit and are hereby dismissed.
  2. 2.The costs of the two applications shall be in the cause.

Authorities

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Legislation

  • Land ActSection 56
  • Civil Procedure RulesOrder 45 Rule 1

Cases cited (10)

  • Mrao vs First American Bank of Kenya & 2 Others
    (2003) eKLR
  • Nguruman Limited vs Jan Bonde Nielsen & 2 Others
    (2014) eKLR; (2014) KECA 606 (KLR)
  • Giella vs Cassman Brown & Co. Ltd
    (1973) EA 358
  • Velji Shamji Construction Ltd vs Westmall Supermarket Ltd
    (2007) KEHC 51 (KLR)
  • R&K Investments vs Evanson Gitau
    (1998) KEHC 228 (KLR)
  • Wakf Commissioners of Kenya v Kabundu Holdings Limited
    (Environment and Land Court Case E034 of 2023) [2024] KEELC 13887 (KLR)
  • Dr. Simano Waiharo Chege vs Paramount Bank of Kenya Ltd
    Nairobi (Milimani) HCCC No. 360 of 2001
  • Katsuri Limited vs Nyeri Wholesalers Limited
    (2014) eKLR
  • Pius Kipchirchir Kogo vs Frank Kimeli Tenai
    (2018) eKLR
  • Kenleb Cons Ltd vs New Gatitu Service Station Ltd & Another
    (1990) K.L.R 557
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court; applications brought under Order 45 Rule 1 of the Civil Procedure Rules (review) and for interlocutory injunction

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, "Njoroge v Hasham Lalji Properties Limited & another (Environment and Land Case E039 of 2024) [2025] KEELC 8261 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8261/eng@2025-11-27

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