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ELCDismissed· [2026] KEELC 1738 (KLR)

Gichohi v Some & 5 others (Environment and Land Case E013 of 2024) [2026] KEELC 1738 (KLR)

Environment and Land Court
18 March 2026
LMLUCY N. MBUGUA
519 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The court refused to halt construction on a disputed Rumuruti plot, saying ownership can only be decided at a full trial, not on paper.

What this practically means

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Executive summary

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This is an interlocutory ruling of the Environment and Land Court at Nanyuki (Lucy N. Mbugua, J) on a notice of motion dated 5.5.2025 by the plaintiff seeking injunctive orders against the defendants, with the ruling confined to the 3rd defendant. The plaintiff claims to be the legal owner of Residential Plot No. E in Rumuruti Township, allotted in 1996, and alleges the 1st defendant caused the plot to be registered as Rumuruti Township Block 3/141, subdivided it into plots 3/211-224, and transferred parcel 3/217 to the 3rd defendant, who has deposited building materials and is constructing a petrol station. The 3rd defendant countered that he purchased the parcel from the 1st defendant, holds a title to that effect, and has already constructed a petrol station after obtaining all relevant approvals. The court, applying Cyanamid Co. v Ethicon Ltd and Nguruman Limited v Jan Bonde Nielsen, held that conflicting claims of ownership over parcel 3/217 cannot be resolved on affidavit evidence at an interlocutory stage without a mini-trial, and must await full trial where each party will adduce evidence. Noting photographs showing the petrol station has been completed, the court found it would be unjust to halt its establishment. The application was dismissed, with costs of the application to abide the outcome of the suit, but the court issued a preservation order that parcel 3/217 shall not be alienated. The judgment was delivered at Nanyuki on 18 March 2026 via Microsoft Teams.

Key legal issues

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01

Whether ownership of parcel 3/217 could be determined on the interlocutory application

Holding

No; ownership is a contested issue fit only for full trial, so the court declined to resolve it at the interlocutory stage

Reasoning

The plaintiff alleges he was allotted the plot in 1996, while the 3rd defendant holds a title purchased from the 1st defendant. Applying Cyanamid v Ethicon and Nguruman, the court held it must not resolve conflicts of affidavit evidence or conduct a mini-trial on the merits; each party must adduce evidence at trial. The application was therefore dismissed with costs to abide the suit, subject to a preservation order against alienation of the parcel.

p. 2
02

Whether an injunction should issue to halt the 3rd defendant's construction of a petrol station

Holding

No injunction issued; since the petrol station is already built, halting it would be unjust

Reasoning

The 3rd defendant exhibited photographs showing the petrol station has been put up after obtaining the relevant approvals. In light of that factual position, the court found it would be unjust to halt the establishment of the petrol station. Instead, it issued a limited preservation order that the parcel not be alienated pending trial, protecting the subject matter without stopping ongoing construction.

p. 2

Legal principles established

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  • At the interlocutory stage the court should not resolve conflicts of evidence on affidavit or decide difficult questions of law; those are matters for trial
  • In assessing a prima facie case the court does not hold a mini-trial nor closely examine the merits of the case

Court orders

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  1. 1.The notice of motion dated 5.5.2025 is dismissed
  2. 2.Costs of the application to abide the outcome of the suit
  3. 3.An injunction/restraint that parcel Rumuruti Township Block 3/217 shall not be alienated

Authorities

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Cases cited (3)

  • Cyanamid Co. v Ethicon Ltd
    (1975) 1 All ER 504; (1975) AC 396 HL
  • Tritex Industries Limited & 3 others v National Housing Corporations & another
    [2014] eKLR
  • Nguruman Limited v Jan Bonde Nielsen & 2 others
    [2014] eKLR
Jurisdiction invoked
Original civil jurisdiction of the Environment and Land Court over a land dispute (interlocutory application in a plaintiff's suit)

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, "Gichohi v Some & 5 others (Environment and Land Case E013 of 2024) [2026] KEELC 1738 (KLR)", Case Analysis (2026). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1738/eng@2026-03-18

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