Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELCAllowedNot stated in the judgment (arising from appeal against Kajiado SPM ELC Case No. E046 of 2023)· [2026] KEELC 2117 (KLR)

Jam Rescue Restaurant Limited v Ketikai (Sued as the Administrator of the Estate of Moses Simitei Ole Lesusi - Deceased) (Environment and Land Appeal E067 of 2025) [2026] KEELC 2117 (KLR)

High Court of Kenya
16 April 2026
MMM.D. Mwangi
1,371 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~5 min to read original · ~4 min brief

The bottom line

#

Kenya's High Court blocked a land sale in Kajiado until an appeal is decided, showing courts will preserve disputed property to keep appeals meaningful.

What this practically means

#

Executive summary

#
The Applicant company, through its director John Kingori Mwangi, moved the Court by Notice of Motion dated 18th November 2025 seeking an interim injunction restraining the Respondent, Sadam Kasaika Ole Ketikai, from encumbering, selling, transferring, sub-dividing or otherwise interfering with Title Number KJD/Kap-Central/7286 pending the hearing and determination of the Applicant's appeal. The appeal challenges the judgment of Honourable Edgar Kagoni, Senior Principal Magistrate, delivered on 14th October 2025 in Kajiado SPM ELC Case No. E046 of 2023, dismissing the Applicant's claim to the suit property. The Applicant contended that it had a bona fide appeal with high prospects of success and that the Respondent's dealings with the land would render the appeal nugatory and cause irreparable loss. The Respondent opposed, maintaining his position as lawful administrator of the estate and rightful owner, asserting the trial judgment was sound, that the Applicant failed to pay Kshs. 2,250,000/- from an oral sale agreement and was instead refunded Kshs. 454,500/- with interest, and that 150 acres had been sold to third parties in occupation. The Court framed a single issue: whether the Applicant satisfied the threshold for an injunction pending appeal. Anchoring its jurisdiction in Order 42 Rule 6(6) of the Civil Procedure Rules, 2010, and applying Patricia Njeri v National Museum of Kenya, Giella v Cassman Brown and Shem David Mukumbi v Alice Nzula Kilonzo alongside the overriding objective, the Court found the application filed without unreasonable delay and the record of appeal lodged. It granted the injunction as sought, restraining the Respondent from selling, transferring or disposing of the suit property pending appeal, allowed the application with costs abiding the appeal's outcome. Dated and delivered virtually at Kajiado on 16th April 2026 by M.D. Mwangi, Judge.

Key legal issues

#
01

Whether the Applicant met the threshold for an interim injunction pending appeal

Holding

Yes - the application was filed without unreasonable delay, the record of appeal was lodged, and in the interest of justice and the overriding objective an injunction was granted restraining the respondent from selling, transferring or disposing of the suit property pending appeal.

Reasoning

The court applied Order 42 Rule 6(6) as the statutory anchor for injunctions pending appeal from subordinate courts. It adopted the principles in Patricia Njeri & 3 others v National Museum of Kenya and Giella v Cassman Brown, tempered by the overriding objective in Sections 1A and 1B of the Civil Procedure Act as explained in Shem David Mukumbi v Alice Nzula Kilonzo. Noting the absence of unreasonable delay, the lodged record of appeal, and equality of arms, the court found it just to preserve the subject matter of the appeal.

p. 3

Legal principles established

#
  • The power to grant an injunction pending appeal is a judicial discretion to be exercised upon established legal principles, anchored in Order 42 Rule 6(6) of the Civil Procedure Rules, 2010.

Court orders

#
  1. 1.An order of injunction granted as sought, restraining the respondent from selling, transferring and or disposing of the suit property KJD/Kap-Central/7286 pending the hearing and determination of the appeal
  2. 2.The application allowed as prayed
  3. 3.Costs of the application to abide the outcome of the appeal
On appeal from
Kajiado Senior Principal Magistrate's Environment & Land Court
ELC Case No. E046 of 2023
Jurisdiction invoked
Order 42, Rule 6(6) of the Civil Procedure Rules, 2010

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Jam Rescue Restaurant Limited v Ketikai (Sued as the Administrator of the Estate of Moses Simitei Ole Lesusi - Deceased) (Environment and Land Appeal E067 of 2025) [2026] KEELC 2117 (KLR)", Case Analysis (2026). Not stated in the judgment (arising from appeal against Kajiado SPM ELC Case No. E046 of 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2117/eng@2026-04-16

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