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ELCDismissedUndated Notice of Motion under Certificate of Urgency dated 17th July, 2025· [2026] KEELC 198 (KLR)

Panthania v Ndinguiri & 3 others (Land Case E355 of 2025) [2026] KEELC 198 (KLR)

Environment and Land Court
26 January 2026
2,148 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court refused to freeze disputed land linked to a company, saying the ownership fight must be fully heard before any final orders.

What this practically means

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Executive summary

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The plaintiff/applicant moved the court by an undated notice of motion under a certificate of urgency dated 17th July 2025, seeking a temporary injunction restraining the defendants from trespassing on, alienating, charging or interfering with LR Nos. 209/12555 and 37/754, a declaration that she is the lawful registered owner, police assistance in enforcement, and costs. She deposed that the 1st defendant, a director appointed to assist in managing the company, schemed with the 2nd defendant, an advocate engaged for digitisation on the Ardhi Sasa platform, to fraudulently transfer the suit properties to the 3rd defendant through forged signatures and documents drafted by an uninstructed firm, with transactions of up to Kshs. 20,000,000/=. The 1st defendant opposed on jurisdiction, contending the dispute concerned shares in Pelican Signs Ltd and belonged to the High Court under the Companies Act; the 2nd and 3rd defendants maintained the properties belonged to Pelican Signs Ltd and that the 3rd defendant purchased them for Kshs. 110,000,000/= after due diligence, a board resolution and full payment. The court held it had jurisdiction because the claim concerns title to land under Article 162(2)(b). Applying Giella v Cassman Brown, it found no prima facie case, noting the plaintiff's own search showed the property registered in Pelican Ltd's name, and that the forgery allegation required full trial. Damages would adequately compensate any loss. The declaration was refused as premature. The application was dismissed with costs in the cause.

Key legal issues

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01

Jurisdiction of the Environment and Land Court over a dispute involving company properties

Holding

The court has jurisdiction because the plaintiff's claim concerns ownership and title to land under Article 162(2)(b), notwithstanding the 1st defendant's objection that the dispute concerns shares in Pelican Signs Ltd.

Reasoning

The 1st defendant objected that the dispute concerned shares and shareholding in Pelican Signs Ltd and fell outside the court's jurisdiction. The court reasoned that what the plaintiff actually lays claim to is ownership of the suit properties, which falls squarely under Article 162(2)(b) as a matter regarding use, occupation of, and title to land. The objection did not defeat the court's jurisdiction over the title question.

p. 4
02

Whether the plaintiff established a prima facie case with a probability of success

Holding

No prima facie case was established; the searches showed one suit property registered in the name of Pelican Ltd, not the plaintiff, and the forgery allegation requires a full hearing.

Reasoning

The court applied the Giella v Cassman Brown test. It noted the plaintiff's own search of LR 209/12555 dated 14th February 2024 showed the property registered in the name of Pelican Ltd, not the plaintiff. The defendants produced documents of a sale transaction which the plaintiff claims were forged, but that allegation requires a full hearing to be determined. The court must preserve property without depriving a possibly deserving party of property rights.

p. 5
03

Whether the plaintiff would suffer irreparable injury not compensable by damages

Holding

Any loss arising from an allegedly fraudulent transfer can be recovered through damages, so the second Giella limb was not satisfied.

Reasoning

The court acknowledged that a fraudulent transfer would be grave enough to cause irreparable injury, but observed that the 3rd defendant equally claimed to have validly purchased the properties and stood to suffer irreparable harm if an injunction issued. Balancing these competing claims, the court concluded that if the transfer was fraudulent, any loss could be recovered through damages, defeating the irreparable-harm criterion.

p. 5

Legal principles established

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  • Jurisdiction over disputes concerning title to, use and occupation of land vests in the Environment and Land Court under Article 162(2)(b) even where an underlying company dispute is mentioned
  • At the interlocutory stage a court cannot delve into substantive issues or make finally concluded views of the dispute

Court orders

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  1. 1.The undated notice of motion filed under the certificate of urgency dated 17th July 2025 is dismissed
  2. 2.Costs shall be in the cause

Authorities

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Legislation

  • Civil Procedure RulesOrder 40 Rules 1, 2, 3
  • Civil Procedure RulesOrder 5 Rule 17
  • Civil Procedure RulesOrder 50 Rule 1
  • Civil Procedure ActSections 1A, 1B, 3 and 3A
  • Constitution of Kenya, 2010Article 162(2)(b)
  • Companies Act CAP 486 Laws of Kenya (Legal Notice 233 of 2015)Section 3

Cases cited (3)

  • Giella vs Cassman Brown & Company Limited
    (1973) E A 358
  • Vivo Energy Kenya Limited v Maloba Petrol Station Limited & 3 others
    [2015] eKLR
  • AGIP (K) LTD V. VORA
    [2000] 2 EA 285
Jurisdiction invoked
Article 162(2)(b) of the Constitution of Kenya, 2010

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, "Panthania v Ndinguiri & 3 others (Land Case E355 of 2025) [2026] KEELC 198 (KLR)", Case Analysis (2026). Undated Notice of Motion under Certificate of Urgency dated 17th July, 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/198/eng@2026-01-26

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