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ELCPartially AllowedNot stated in the judgment as provided· [2026] KEELC 4135 (KLR)

Gogo v Atancha (Land Case E460 of 2024) [2026] KEELC 4135 (KLR)

Environment and Land Court
6 July 2026
3,330 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~13 min to read original · ~4 min brief

The bottom line

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What this practically means

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Executive summary

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The Plaintiff applied by Notice of Motion dated 5th November 2024 for interim relief arising from a sale agreement of 16th November 2023 for Plot No. K5 of Nairobi Block 136/Drumville, sold by the Defendant for Kshs.1,400,000/=. She paid a deposit of Kshs.500,000/= and a further Kshs.80,000/=, took possession and built a school (Hunny Kids Education Centre), but the Defendant failed to transfer the property. He instead issued a notice to complete, increased the purchase price, terminated the agreement and issued a 21-day vacation notice. The Plaintiff invoked Clause 13 of the agreement, an arbitration clause, and sought a joint valuation, restraining orders against eviction, and referral to arbitration. The Defendant admitted the agreement but contended she was in fundamental breach for non-payment of the Kshs.900,000/= balance, that the property is society land registered in a third party's name, and offered to refund the deposit on a without prejudice basis. Applying Giella v Cassman Brown, Section 7 of the Arbitration Act, and Safaricom v Ocean View Beach Hotel, the court found that since the sale agreement contained an arbitration clause, the Plaintiff established a prima facie case warranting interim measures pending arbitration. The referral prayer was spent as the Plaintiff had already referred the matter to arbitration. The court restrained the registered owner and the Defendant from evicting or interfering with the Plaintiff's possession pending the arbitration proceedings and awarded costs in the cause.

Key legal issues

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01

Whether interim measures of protection pending arbitration should issue

Holding

Yes. The sale agreement contained an arbitration clause (Clause 13), the dispute fell within it, and the Plaintiff established a prima facie case for interim protection restraining eviction pending arbitration.

Reasoning

Applying Giella v Cassman Brown and the Safaricom v Ocean View criteria (existence of arbitration agreement, threat to subject matter, appropriate protective measure), and Section 7 of the Arbitration Act permitting court-granted interim measures, the court found a valid sale agreement with an arbitration clause, an unresolved dispute, and an active threat of eviction and alienation. The restraining orders preserve the status quo pending the arbitral outcome.

p. 7
02

Whether the dispute should be referred to arbitration

Holding

The referral prayer was spent; the Plaintiff had already referred the matter to arbitration, and the court directed the parties to proceed to arbitration.

Reasoning

Clause 13 of the sale agreement directed disputes to arbitration in the first instance. The court had already acknowledged in an earlier ruling that the Plaintiff had referred the matter to arbitration. Relying on Section 6(1) of the Arbitration Act and UAP Provincial Insurance v Michael John Beckett, the court found a dispute within the scope of the arbitration agreement and directed the parties to proceed to arbitration.

p. 7

Legal principles established

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  • Where the contract forming the fulcrum of a dispute contains an arbitration clause, a party may establish a prima facie case warranting interim measures pending arbitral proceedings under Section 7 of the Arbitration Act.

Court orders

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  1. 1.Restraining orders issued to the registered owner of Plot No. K5 of Nairobi Block 136/Drumville together with Mr. Bernard Tony Atancha from evicting or interfering with the Plaintiff's peaceful possession and occupation of the said property pending reference of the dispute to arbitration and outcome of the said arbitration proceedings
  2. 2.Costs of the application to be in the cause
Jurisdiction invoked
Section 7 of the Arbitration Act (interim measures by court) in a suit over Plot No. K5 of Nairobi Block 136/Drumville

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, "Gogo v Atancha (Land Case E460 of 2024) [2026] KEELC 4135 (KLR)", Case Analysis (2026). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4135/eng@2026-07-06

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