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ELCPartially AllowedNot stated in judgment· [2026] KEELC 1026 (KLR)

Ngatia & another (Suing as homeowners and representatives of the Estate Committee, in a representative capacity pursuant to Order 1 Rule 8 of the Civil Procedure Rules, on behalf of the Registered Homeowners of Easy Prestige Estate, Syokimau) v Easy Properties Limited & 4 others (Environment and Land Case 51 of 2025) [2026] KEELC 1026 (KLR)

Environment and Land Court of Kenya
25 February 2026
3,602 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~14 min to read original · ~4 min brief

The bottom line

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A Machakos court froze all changes to Easy Prestige Estate's contested open space but refused to order demolition or handover until the full case is heard.

What this practically means

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Executive summary

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Homeowners of Easy Prestige Estate (L.R. No 12715/552) applied by Notice of Motion dated 19th April 2025 under Order 40 of the Civil Procedure Rules and Articles 42, 43, 60 and 70 of the Constitution for temporary injunctions restraining the Defendant from constructing or excavating on the estate's designated open space/playground, from operating the approved Shopping Centre as a hotel without change-of-user approval, and for interim mandatory orders to remove 2025 structures and hand over the management office building to the homeowners. The Plaintiffs argued breach of lease covenants, misrepresentation, absence of NEMA, County and NCA approvals, and infringement of environmental and housing rights. The Respondents denied that the applicants held any recognisable proprietary rights in the unbuilt open space, asserted that NEMA approvals had been obtained, and attacked the claim as speculative. The court set out the settled Giella/Nguruman trilogy: prima facie case, irreparable injury, and balance of convenience, measured against the Mrao definition of a prima facie case. It held it premature to grant mandatory interlocutory relief, citing Kenya Power v Sherifi Molana Habib, Lucy Wangui Gachara and Bharat Petroleum, since mandatory injunctions at the interlocutory stage rest on the clearest of cases and restore rather than create a state of things. Finding the risk of withholding relief greater than granting it, and without prejudice to the full merits, the court allowed the application in part, ordered maintenance of the status quo pending the hearing and determination of the suit, and directed costs of the application to be in the cause. Delivered at Machakos on 25th February 2026 by N.A. Matheka, Judge.

Key legal issues

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01

Interim injunctive relief to preserve communal open space and restrain change of use

Holding

The court found a greater risk in withholding interim relief than in granting it, and ordered maintenance of the status quo pending full hearing

Reasoning

Applying Giella and Nguruman, the court noted the Plaintiffs allege breach of lease covenants and unapproved development on communal land. It found the risk of not granting orders greater than granting them, particularly since it had not yet interrogated the documents and annexures capable of establishing the history and chronology of events.

p. 6
02

Whether mandatory interlocutory relief (removal of structures; handover of management office) is available

Holding

Refused as premature; mandatory injunctions are granted at the interlocutory stage only in the clearest of cases

Reasoning

Relying on Kenya Power & Lighting Co. v Sherifi Molana Habib, Lucy Wangui Gachara v Minudi Okemba Lore and Bharat Petroleum Corp Ltd v Haro Chand Sachdeva, the court held that such relief requires a full hearing and the clearest of cases, and may only restore, not create, a state of things.

p. 7
03

Overall disposition of the application

Holding

Application allowed in part; status quo maintained; costs in the cause

Reasoning

The court concluded that the application was merited in part, preserving the position on the ground pending trial without granting the mandatory prayers or finally determining the parties' rights.

p. 7

Legal principles established

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  • An applicant for an interlocutory injunction must sequentially satisfy the three requirements of prima facie case, irreparable injury, and balance of convenience
  • A temporary mandatory injunction at the interlocutory stage is granted only in rare, clear-cut cases and only to restore, not to establish, a new state of things

Court orders

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  1. 1.Status quo to be maintained pending the hearing and determination of the suit
  2. 2.Costs of the application to be in the cause
Jurisdiction invoked
Order 40 Rules 1, 2, 3 & 4 of the Civil Procedure Rules 2010; Sections 1A, 1B & 314 of the Civil Procedure Act; Articles 42, 43, 60 and 70 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, "Ngatia & another (Suing as homeowners and representatives of the Estate Committee, in a representative capacity pursuant to Order 1 Rule 8 of the Civil Procedure Rules, on behalf of the Registered Homeowners of Easy Prestige Estate, Syokimau) v Easy Properties Limited & 4 others (Environment and Land Case 51 of 2025) [2026] KEELC 1026 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1026/eng@2026-02-25

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