Osuku v Coastal Kenya Enterprises Limited (Environment and Land Miscellaneous Application E143 of 2023) [2025] KEELC 8559 (KLR)
The bottom line
#A Kenyan employment court struck out a worker's bid to freeze his ex-employer's property because he never proved the employer actually owned it.
What this practically means
#Executive summary
#Key legal issues
#Whether the Applicant met the threshold for an inhibition order / temporary injunction under Order 40 of the Civil Procedure Rules
The application was premature and was struck out because the Applicant failed to prove ownership of the suit property by the Respondent and failed to prove an intention to dispose of it to defeat execution
The court examined the supporting affidavit annexures and found no official search or copy of title proving that the Respondent owned Plot No. 12458/6. Although the application was unopposed, the evidential burden remained on the Applicant. Further, the requirements of Order 40 on threatened or intended disposal of property were not proved. In the circumstances the motion was struck out as premature.
Legal principles established
#- An unopposed application must still be established on the evidence; the burden remains on the Applicant to prove ownership of the property against which an inhibition is sought
- Order 40 temporary injunction relief requires proof that the defendant threatens or intends to remove or dispose of property to obstruct or delay execution of a decree
Court orders
#- 1.The Notice of Motion application dated 14th May 2025 is struck out as premature
- Jurisdiction invoked
- Inherent interlocutory jurisdiction under Order 40 of the Civil Procedure Rules; Section 68 of the Land Registration Act invoked by the Applicant for inhibition orders
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Osuku v Coastal Kenya Enterprises Limited (Environment and Land Miscellaneous Application E143 of 2023) [2025] KEELC 8559 (KLR)", Case Analysis (2025). Not stated in judgment (application dated 14th May 2025; related suit ELRC No. E70 OF 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8559/eng@2025-12-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.