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ELCPartially AllowedNot stated (Notice of Motion dated 9th December 2025)

Mose & another v Guyo & 2 others (Environment and Land Case E161 of 2025) [2026] KEELC 3209 (KLR)

Environment and Land Court
20 May 2026
811 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

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A Kenyan court stopped the sale and interference with family land the buyers occupied, protecting their home until the case is decided.

What this practically means

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Executive summary

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This is a ruling by the Environment and Land Court at Malindi (Mwangi Njoroge J) on the plaintiffs' Notice of Motion dated 9th December 2025 seeking a temporary injunction restraining the defendants from selling, alienating, subdividing, constructing upon, trespassing into, evicting, fencing off, blocking access to or otherwise interfering with the plaintiffs' possession of one acre comprised in the 1st Defendant's undivided share of Title No. Buni/Kisimani/577, pending hearing and determination of the application and the main suit. The plaintiffs bought the acre from the first defendant under a sale agreement dated 9th September 2021, took possession, and developed it, including a permanent matrimonial house. The defendants opposed through a replying affidavit of the second defendant, contending the title is co-registered in five names, the sale agreement was null and void for want of capacity, and no threat of eviction had been demonstrated. The plaintiffs, in a further affidavit, questioned the authenticity of the authority exhibited, denied the second defendant's privity, and asserted the defendants' acquiescence from 2021 to 2025. Applying the Giella v Cassman Brown test, the court found the plaintiffs, who are in undisputed possession and seek a declaration of constructive trust, had established a prima facie case and would suffer irreparable loss, especially loss of their matrimonial home, if evicted. The court granted the injunction in terms of prayers 3 and 4, ordered costs in the cause, and directed the filing of trial bundles within 14 days, with mention on 24th June 2026 for a hearing date.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the plaintiffs have established a prima facie case with a probability of success
  2. 2.Whether the plaintiffs would suffer irreparable loss not compensable by damages if the injunction is not granted
  3. 3.Whether the balance of convenience favours granting the temporary injunction

Key legal issues

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01

Prima facie case for interlocutory injunction

Holding

The plaintiffs established a prima facie case given their possession and the claim for declaration of constructive trust

Reasoning

The court noted the plaintiffs are in possession of the suit land, have constructed a permanent residential matrimonial house and made improvements, in peaceful and uninterrupted possession since 2021. These facts were not disputed by the defendants, who also did not dispute the attempted mediation before the Chief and Assistant County Commissioner. Given the claim for a declaration of constructive trust, the court found a prima facie case established.

p. 2
02

Irreparable loss

Holding

Eviction would cause irreparable loss, especially loss of the matrimonial home developed on the land

Reasoning

The court reasoned that the great developments effected on the suit land, including a matrimonial house protected under the law, meant that eviction would cause irreparable harm, particularly the loss of a matrimonial home. This finding supported the second Giella limb, making damages an inadequate remedy and justifying preservation of the status quo pending trial.

p. 2

Legal principles established

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  • The Giella v Cassman Brown principles govern applications for interim injunctions

Court orders

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  1. 1.Temporary injunction granted in terms of prayers 3 and 4 of the Notice of Motion dated 9th December 2025 restraining the defendants from selling, alienating, subdividing, constructing upon, trespassing into, evicting, fencing off, blocking access to or interfering with the plaintiffs' quiet possession of one acre comprised in the 1st Defendant's undivided share of Title No. Buni/Kisimani/577 pending hearing and determination of the main suit
  2. 2.Costs of the application shall be in the cause
  3. 3.Plaintiffs to file trial bundle duly indexed and paginated within 14 days of the order
  4. 4.Defendants to file their trial bundles within 14 days of expiry of the period granted to the plaintiffs
  5. 5.Matter to be mentioned on 24th June 2026 for issuance of a hearing date

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Inherent jurisdiction of the Environment and Land Court to grant interim injunctions pending trial

Relief refused

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Prayer for the OCS Rabai Police Station to ensure compliance and maintenance of peace on the ground

The court granted only prayers 3 and 4 of the application; the OCS enforcement prayer was not among the orders granted

p. 3

Costs

The costs of the application shall be in the cause

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

In the circumstances of this case, I find that the plaintifis have established a prima facie case.
p. 2prima facie case
The plaintifis have thus satisfied the threshold of an application for interim injunction as set out in Giella V Cassman Brown 1973 EA 358.
p. 2injunction threshold
I therefore find that the application dated 9th December 2025 is merited and the same as granted in terms of prayers no 3 and 4 thereof. The costs of the application shall be in the cause.
p. 2final orders

Issues in the judgment

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minor

The ruling grants temporary injunction 'pending inter partes hearing and determination' but grants only prayers 3 and 4; prayer 4 (OCS compliance) does not correspond to an injunction, creating ambiguity as to which prayers were intended

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, "Mose & another v Guyo & 2 others (Environment and Land Case E161 of 2025) [2026] KEELC 3209 (KLR)", Case Analysis (2026). Not stated (Notice of Motion dated 9th December 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3209/eng@2026-05-20

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