Dur Dur Transportation Company Limited v Kenya Poultry Development Limited & another (Environment and Land Case E099 of 2024) [2026] KEELC 1041 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Prima facie case based on registered title
The Plaintiff produced a title to the suit property and the 1st Respondent produced competing titles; the claim of fraud could not be resolved at the interlocutory stage
The Applicant asserted registration as proprietor of LR No. 337/4798 following allocation in 1998 and issuance of a Certificate of Title in 2022. The 1st Respondent produced competing titles and alleged the Applicant's title was a forgery. The court noted it had not had the opportunity to interrogate the documents and annexures that would provide the history and chronology of the competing claims, so the question of title had to await the full hearing.
Irreparable injury
The Applicant may suffer irreparable loss and damage if the court does not intervene
The Applicant deponed that the 1st Respondent had entered the property with hired goons, attempted eviction, and commenced excavation and trenching on the southern side in preparation for a permanent wall. Relying on Pius Kipchirchir Kogo vs Frank Kimeli Tenai, the court noted that irreparable injury is one that cannot be adequately compensated in damages, and found that without the court's intervention the Applicants may suffer irreparable loss and damage.
Balance of convenience
The balance of convenience and the lower risk of injustice favour granting protective orders preserving the status quo
Applying Paul Gitonga Wanjau and Amir Suleiman, the court held that where any doubt exists as to the Applicant's right the court considers which party will suffer the greater harm, and should opt for the lower rather than the higher risk of injustice. Given possession since 1998, alleged trespass and covert excavation, and the unresolved competing titles, the court was convinced the lower risk lay in granting temporary injunction-type orders pending trial.
Legal principles established
#- The applicant for an interlocutory injunction must sequentially satisfy the three Giella requirements: prima facie case, irreparable injury, and balance of convenience
- Where there are competing titles and the documents have not been interrogated, the lower risk of injustice lies in preserving the status quo until trial
Court orders
#- 1.That the status quo be maintained pending the hearing and determination of the suit
- 2.Costs to be in the cause
- Jurisdiction invoked
- Sections 1A, 1B, 3A of the Civil Procedure Act, Cap 21 and Order 40 Rule 1 of the Civil Procedure Rules 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Dur Dur Transportation Company Limited v Kenya Poultry Development Limited & another (Environment and Land Case E099 of 2024) [2026] KEELC 1041 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1041/eng@2026-02-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.