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ELCOtherNot stated in the judgment· [2026] KEELC 2737 (KLR)

Wairimu & another (Suing as the administrators of the Estate of Regina Wairimu - Deceased) v Nuni (Land Case E020 of 2026) [2026] KEELC 2737 (KLR)

Environment and Land Court
11 May 2026
2,681 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~11 min to read original · ~4 min brief

The bottom line

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The court cancelled a land injunction because the applicants hid another case and couldn't prove they actually occupied the property.

What this practically means

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Executive summary

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This ruling by the Environment and Land Court at Nairobi (Mohammed N. Kullow, J) determines two competing interlocutory applications arising from a dispute over LR No. 36/II/28 in Eastleigh, Nairobi. The Plaintiffs, administrators of the estate of the late Regina Wairimu (registered proprietor by an Indenture of Conveyance dated 16th July 1995), sought a temporary injunction restraining the Defendant from interfering with the property, alleging armed incursions in December 2025 and January 2026. Interim orders were issued on 21st January 2026. The Defendant, Hussein Ibrahim Nuni, who claims to have purchased the property from Aguthi Enterprises Limited for Kshs. 60,000,000/= with a registered Deed of Indenture dated 24th February 2016, sought to stay, discharge and set aside the interim orders, citing material non-disclosure of Nairobi MCELC No. E1146 of 2025 and asserting prior possession and development. The Court applied the Giella v Cassman Brown principles and held that the Plaintiffs failed to substantiate their alleged possession with any documentary or photographic evidence, while the Defendant's evidence of development approvals, excavation, and payment of rates was uncontroverted. The Court also found that the Plaintiffs' non-disclosure of the earlier magistrates' court matter disentitled them to equitable relief, and that the ex parte orders had altered rather than preserved the status quo. The Defendant's application dated 29th January 2026 was allowed; the interim orders were discharged and set aside; the main suit is to be heard on priority within sixty days; and costs of both applications abide the outcome of the main suit.

Key legal issues

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01

Whether the Plaintiffs established a prima facie case for an interlocutory injunction

Holding

No prima facie case established; serious doubts emerged regarding the Plaintiffs' assertion of possession while the Defendant demonstrated possession, control and development

Reasoning

The Court applied the Giella v Cassman Brown principles. The Plaintiffs alleged continued occupation and management of tenants and developments but produced no photographs, tenancy records or rent schedules. Conversely, the Defendant exhibited development approvals, evidence of excavation and payment of rates, none of which was substantially controverted.

p. 5
02

Whether material non-disclosure disentitled the Plaintiffs to continued ex parte relief

Holding

Yes. The Plaintiffs failed to disclose the existence of Nairobi MCELC No. E1146 of 2025, in which similar orders had allegedly been obtained over the same property

Reasoning

A party approaching the Court for ex parte relief is under a strict duty of full and frank disclosure including facts adverse to its case. The Court relied on Bahadurali Ebrahim Shamji v Al Noor Jamal & 2 Others, holding that even concealed facts that may not have changed the outcome justify discharge of ex parte orders to protect the integrity of the judicial process.

p. 5
03

Whether the interim orders of 21st January 2026 ought to be discharged

Holding

Yes; they were discharged and set aside

Reasoning

Combining the material non-disclosure, the doubts over the Plaintiffs' possession and the fact that the orders displaced the Defendant's established possession, the Court found the ex parte orders altered rather than preserved the status quo and were highly prejudicial. Order 40 Rule 7 empowers discharge, variation or setting aside of injunction orders on application by a dissatisfied party.

p. 5

Legal principles established

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  • A litigant seeking ex parte relief must make full and candid disclosure of all material facts, including facts adverse to his case; failure disentitles the party to equitable relief
  • Ex parte interim orders that alter rather than preserve the prevailing status quo ought not to stand

Court orders

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  1. 1.The Defendant's Notice of Motion dated 29th January 2026 be and is hereby allowed
  2. 2.The interim orders of injunction issued by this Court on 21st January 2026 be and are hereby discharged and set aside
  3. 3.The matter shall be set down for hearing on a priority basis and the main suit shall be heard and determined within sixty (60) days from the date hereof
  4. 4.Costs of both applications shall abide the outcome of the main suit
Jurisdiction invoked
Sections 1A, 1B and 3A of the Civil Procedure Act and Order 40 of the Civil Procedure Rules, 2010 (inherent power and injunction jurisdiction of the ELC)

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, "Wairimu & another (Suing as the administrators of the Estate of Regina Wairimu - Deceased) v Nuni (Land Case E020 of 2026) [2026] KEELC 2737 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2737/eng@2026-05-11

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