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ELCPartially AllowedELC (Malindi) Miscellaneous Application — Notice of Motion dated 19th June 2025· [2026] KEELC 1296 (KLR)

Nassoro v Korana & another (Land Case E068 of 2025) [2026] KEELC 1296 (KLR)

Environment and Land Court
2 March 2026
MNMwangi Njoroge
914 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

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A Kilifi landholder without a title deed won an injunction because her long occupation and development permits outweighed the opponent's freshly issued title.

What this practically means

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Executive summary

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The plaintiff moved the Environment and Land Court at Malindi by Notice of Motion dated 19th June 2025 seeking an interim injunction to restrain the first defendant from interfering with Kilifi/Vipingo Trading Center/1920 pending the hearing of the suit. She asserted that her uncle received a letter of offer over the land, transferred it to her father out of love and affection, and the father transferred it to her for value; she obtained development permissions from NEMA and the County Government of Kilifi and built an extensive project over about five years without objection, until the first defendant demanded the land by letter dated 3rd April 2025. She contended his recent title, obtained allegedly in collusion with the second defendant, was fraudulent and violated her constitutional property rights. The first defendant countered that he held title, that the plaintiff's documents did not correspond, that plot 212 differed from plot 1920, and that the plaintiff's family never owned or resided on the land; he sought striking out with costs. Applying the Giella-style test — prima facie case, irreparable loss, balance of convenience — the court found the plaintiff had shown a prima facie case: her documentary trail and continuous occupation contrasted with the first defendant's title issued only on 10th December 2024 without demonstrated antecedents or claimed prior occupation. Irreparable loss was also found given the massive development. The court granted the application in terms of prayer 3, with costs in the cause, and directed sequential filing of trial bundles and a mention on 27th May 2026.

Key legal issues

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01

Whether the plaintiff established a prima facie case and irreparable loss warranting an interim injunction

Holding

Yes — a prima facie case and irreparable loss were established

Reasoning

The plaintiff, though without registered title, exhibited a 2008 letter of offer, an informal transfer, a ground verification report showing continuous occupation, and development approvals from NEMA and the County Government of Kilifi. The first defendant's title issued only on 10th December 2024 with no antecedents shown, and he did not claim prior occupation or demonstrate dispossession. The massive development on the land made the loss, if injunction refused, considerable.

p. 2

Legal principles established

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  • Interim injunctions require a prima facie case, irreparable loss, and balance of convenience where the court is in doubt

Court orders

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  1. 1.Injunction granted in terms of prayer 3 of the Notice of Motion dated 19th June 2025 restraining the first defendant from interfering with Kilifi/Vipingo Trading Center/1920 pending hearing and determination of the suit
  2. 2.Costs of the application in the cause
  3. 3.Plaintiff to file trial bundle within 21 days
  4. 4.Defendant to file trial bundle within 21 days from expiry of plaintiff's period
  5. 5.Mention on 27th May 2026 for issuance of a hearing date
Jurisdiction invoked
Article 162(2)(b) Environment and Land Court (inherent interlocutory jurisdiction over land disputes)

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, "Nassoro v Korana & another (Land Case E068 of 2025) [2026] KEELC 1296 (KLR)", Case Analysis (2026). ELC (Malindi) Miscellaneous Application — Notice of Motion dated 19th June 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1296/eng@2026-03-02

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