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ELCDismissedNot stated in judgment· [2026] KEELC 3589 (KLR)

Esmail v Cine Investment Ltd & 2 others (Land Acquisition Appeal E235 of 2025) [2026] KEELC 3589 (KLR)

Environment and Land Court
11 June 2026
1,555 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Nairobi (Mohammed N. Kullow, J) determined the Appellant's Notice of Motion dated 4th November 2024 seeking temporary injunctions restraining the 2nd Respondent from continuing the compulsory acquisition of land published in Kenya Gazette Notice No 2372 of 24th February 2023, pending hearing and determination of the application and the underlying appeal against a tribunal's decision declining jurisdiction. The 2nd Respondent opposed, contending that the tribunal correctly downed its tools for lack of jurisdiction since the dispute concerned the legal status of the 1st Respondent and fraud, matters outside compulsory acquisition and within the Ethics and Anti-Corruption Commission's remit, and that the application was an abuse of process given a prior dismissed similar application. Framing a single issue - whether the Appellant satisfied the conditions for injunctive relief - the court applied Giella v Cassman Brown as expounded in Mrao and Nguruman. It held the Appellant failed to demonstrate a prima facie case, having shown no unmistakable right directly threatened; failed on irreparable harm, having alleged only public loss and none personal to her that damages could not compensate; and, having failed the first two limbs, could not succeed on the balance of convenience, the three limbs being sequential. The application was dismissed with costs to the Respondents. Directions were that the matter be canvassed by written submissions; no final determination of the appeal was made.

Key legal issues

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01

Whether the Appellant established a prima facie case with a probability of success

Holding

No prima facie case was established; the Appellant did not demonstrate any unmistakable right directly threatened by the act sought to be restrained

Reasoning

The Appellant argued that not being heard on the question of jurisdiction before the tribunal struck out her claim demonstrated infringement of her rights. Applying Mrao and Nguruman, the court held that the Appellant had not shown a clear and unmistakable right directly threatened by the compulsory acquisition process, and therefore had not discharged the first Giella limb.

p. 3
02

Whether irreparable harm not compensable by damages had been demonstrated

Holding

No; the Appellant alleged loss to the public but none attributable to her personally

Reasoning

Once the applicant fails on the first limb, the second need not be established. In any event, the Appellant highlighted only loss to the public if compensation were paid to a non-existent entity, but showed no loss to herself as applicant that monetary damages could not compensate. Speculative injury does not satisfy the threshold under Nguruman.

p. 3
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Where the balance of convenience lies

Holding

The balance of convenience tilts against granting the injunction since the first two limbs failed

Reasoning

The court reiterated that the Giella limbs are sequential; having failed to establish a prima facie case and irreparable harm, the third limb could not rescue the application. The balance of convenience therefore favoured refusal of the injunction.

p. 4

Legal principles established

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  • The three Giella conditions for an interlocutory injunction must be proved sequentially and failure to meet any one defeats the application
  • A prima facie case requires more than an arguable case; the evidence must show an infringement of a right and probability of success at trial
  • Where no prima facie case is established, the applicant need not establish irreparable harm, but any harm claimed must be personal and not speculative or public in nature

Court orders

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  1. 1.The Notice of Motion application dated 4th November 2025 is dismissed with costs to the Respondents
On appeal from
Tribunal (not named in judgment)
Jurisdiction invoked
Appellate/interlocutory jurisdiction over an appeal from a tribunal (specific statute not stated in judgment)

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, "Esmail v Cine Investment Ltd & 2 others (Land Acquisition Appeal E235 of 2025) [2026] KEELC 3589 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3589/eng@2026-06-11

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