Gamachu Construction Company Limited v Equilog Enterprises Limited & 2 others (Environment and Land Case E501 of 2025) [2026] KEELC 1967 (KLR)
The bottom line
#A Nairobi court protected an auction buyer's right to access and value the property, but refused to evict the occupants before a full hearing.
What this practically means
#Executive summary
#Key legal issues
#Whether the plaintiff/applicant demonstrated a right of access to the suit property warranting security and assistance orders
Yes - the applicant established a clear and unmistakable right as highest bidder at the public auction who paid the 10% deposit, justifying orders for police-assisted access for valuation.
The court found the applicant purchased the suit property at a public auction on 28th August 2024 as highest bidder, paid the 10% deposit of the Ksh. 19,500,000 purchase price, and had a loan facility from Equity Bank conditional on a professional valuation. The respondents' obstruction of access threatened this right. Although the application was not strictly for an injunction, the court applied prima facie case principles from the cited authorities and held the applicant had a right of access.
Whether a declaration of illegal occupation and eviction could issue at the interlocutory stage
No - such substantive relief was premature before full hearing of the suit.
Prayer 4 sought final substantive relief (declaration of illegal occupation and eviction) on an interlocutory application. The court held this could not be granted when the suit was yet to be fully heard and determined, preserving the respondents' right to contest ownership and occupation at the full trial.
Legal principles established
#- A prima facie case is one established if the evidence led in support of it were believed, not a case proved to the hilt.
- A party seeking protection must show a clear and unmistakable right directly threatened, with material and substantive invasion and urgent necessity to prevent irreparable damage.
- A purchaser's equitable interest deserves protection where threatened.
Court orders
#- 1.The Officer Commanding Station (OCS), Nyayo Stadium Police Station, to provide security to officers/agents of Equity Bank PLC to access the suit property LR No. 209/17237 (I.R No. 109723/1) Eagle Plains Housing Estate, Mombasa Road for purposes of carrying out a professional valuation.
- 2.The plaintiff/respondents directed to grant the plaintiff/applicant vacant possession.
- 3.The interested party directed to extend the notice to cancel the sale dated 30th October 2025 by twenty eight (28) days from the date of delivery of the ruling, to allow for valuation of the suit property and payment of the remainder of the purchase price within this period.
- 4.Costs of the application to be in the cause.
- Jurisdiction invoked
- Sections 1A, 1B, 3, 3A and 63(e) of the Civil Procedure Act; Order 40 Rules 1 & 2 and Order 51 Rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gamachu Construction Company Limited v Equilog Enterprises Limited & 2 others (Environment and Land Case E501 of 2025) [2026] KEELC 1967 (KLR)", Case Analysis (2026). Notice of motion dated 3rd November, 2025 (suit not numbered in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1967/eng@2026-04-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.