Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELCPartially Allowednotice of motion dated 27-3-2025· [2025] KEELC 8365 (KLR)

Kamenju v Irungu (Sued in as Legal Representative of Estate of Humprey Irungu Mwangi (Deceased) (Enviromental and Land Originating Summons E009 of 2025) [2025] KEELC 8365 (KLR)

Environment and Land Court (High Court as printed coram not stated; delivered at Murang'a)
1 December 2025
MGM.N. Gicheru
804 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

#

A Kenyan court blocked the sale of disputed land, protecting a buyer who paid most of the purchase price and lived on the property while his ownership claim is decided.

What this practically means

#

Executive summary

#
This ruling by the Environment and Land Court at Murang'a (M.N. Gicheru J) determines a notice of motion dated 27-3-2025 brought under Order 42 Rules 1 and 2 of the Civil Procedure Rules seeking an interim injunction to restrain the Respondent from disposing of, selling, offering for sale or alienating suit land pending the hearing of the suit, together with an inhibition against any dealings in the land and costs. The Applicant deponed that he entered a sale agreement on 6-1-2007 with the Respondent's late husband to buy the land for Kshs 450,000/=, paid Kshs 420,000/=, remained in occupation, developed the land with food crops, and that the Respondent, who succeeded to the title on her husband's death, refused to transfer. The Respondent opposed, stating she is the registered owner, only Kshs 150,000/= was paid, the Applicant never took occupation, and his caution was removed. The court framed one issue: whether the injunction met the Giella v Cassman Brown threshold. It held the Applicant established a prima facie case with probability of success (part payment admitted, no refund proved), would suffer irreparable loss if the land were alienated, and that the balance of convenience favoured preserving the status quo. The motion was allowed in terms of prayers 2 and 3, with costs in the cause.

Key legal issues

#
01

Whether the Applicant met the Giella v Cassman Brown criteria for interim injunctive relief and an inhibition over the suit land

Holding

The Applicant established a prima facie case with probability of success, irreparable loss and balance of convenience favouring preservation

Reasoning

The Respondent admitted her late husband received part payment of the purchase price, and there was no evidence of refund. The court found it probable more was paid without her knowledge. Alienation would cause the Applicant immense loss if the land were sold to a third party. The balance of convenience favoured maintaining the status quo pending trial.

p. 2

Legal principles established

#
  • An applicant for an interlocutory injunction must establish a prima facie case with probability of success; irreparable injury not compensable in damages; and failing both, the balance of convenience.

Court orders

#
  1. 1.interim injunction restraining the Respondent, her agents, servants and/or anybody claiming through or under her from disposing, selling, offering for sale and/or alienating the suit land pending hearing and determination of the suit
  2. 2.inhibition preventing any dealing in the suit land pending hearing and determination of the suit
  3. 3.costs in the cause
Jurisdiction invoked
Order 42 Rules 1 and 2 of the Civil Procedure Rules and all other enabling provisions of the law

Key timeline

#

Practical implications

#

Frequently asked questions

#

Later judgments citing this (1)

#

Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

#

Cite this brief

Caselaw, "Kamenju v Irungu (Sued in as Legal Representative of Estate of Humprey Irungu Mwangi (Deceased) (Enviromental and Land Originating Summons E009 of 2025) [2025] KEELC 8365 (KLR)", Case Analysis (2025). notice of motion dated 27-3-2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8365/eng@2025-12-01

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