Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCPartially AllowedNot stated in the judgment· [2026] KEELC 4151 (KLR)

Khan v Housing Schemes Ltd & 3 others (Land Case E369 of 2025) [2026] KEELC 4151 (KLR)

Environment and Land Court
6 July 2026
2,971 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~12 min to read original · ~4 min brief

The bottom line

#

A Nairobi land court has protected a buyer's possession of a Ngara property and frozen the title until the ownership dispute is fully heard.

What this practically means

#

Executive summary

#
The plaintiff/applicant moved the court by notice of motion dated 28th July 2025 under the Civil Procedure Act, the Environment and Land Court Act and Order 40 of the Civil Procedure Rules, seeking temporary injunctions restraining the 1st defendant/respondent from evicting him or interfering with his possession of fiat no. 5 on LR 209/4796/4, Desai Road, Ngara, Nairobi, and restraining the 2nd and 3rd defendants/respondents from registering changes to the title, together with ancillary orders for certified green card records, audited service charge accounts and police enforcement. The applicant asserted beneficial ownership of fiat no. 5 purchased by his late father under a sale agreement dated 16th April 2003, with beneficial ownership confirmed by grant orders from the Kadhi's court, and complained of a notice to vacate dated 3rd July 2025. The 1st defendant/respondent, through its director Shrikesh Gheewala, maintained it is the registered owner, that only an expired leasehold interest was conferred without reversionary rights, and that the application was an abuse of process given similar applications in succession cause no. 264 of 1994. Applying Giella v Cassman Brown and the prima facie case definition in Mrao Ltd, the court found the uncontroverted sale agreement, proof of payment and letters demonstrated an identifiable interest requiring protection, and that harm likely to be suffered would not be adequately compensated by damages. Expiry of the lease was left for trial. The court allowed the application in part, issuing the injunctions and ordering supply of certified green card records within 15 days, but did not grant the orders on stopping commercial activities or audited accounts, and awarded costs in the cause.

Key legal issues

#
01

Whether the plaintiff/applicant demonstrated a prima facie case with a probability of success

Holding

Yes - the uncontroverted sale agreement dated 16th April 2003, proof of payment and letters demonstrated an identifiable interest in the suit property requiring protection

Reasoning

The applicant relied on a sale agreement dated 16th April 2003 between his late father and Mrs. Shakuntala Aggarwal, proof of payment and letters dated 24th March 2003, none of which were controverted by the 1st defendant. The grounds of opposition filed in succession cause no. 264 of 1994 also admitted that fiat no. 5 did not form part of the estate of the late Chandrakant Gheewala. Together these demonstrated an identifiable interest warranting protection pending trial.

p. 5
02

Whether the plaintiff/applicant would suffer irreparable loss not compensable by damages

Holding

Yes - there is likely harm which money may not adequately remedy, including denial of registration of the sub-lease and changes to the development on the property

Reasoning

The applicant's requests for registration of a sub-lease bore no fruit, with proceedings in the succession cause used as the reason for non-registration. The expiry of the lease was held to be an issue for trial since the 1st defendant's letters showed an intention to renew and extend leases. The court found likely harm that money could not adequately remedy, justifying the equitable remedy of temporary injunction.

p. 6
03

Whether the pending succession proceedings render the application sub judice or an abuse of court process

Holding

No - the court would not interfere with the family division proceedings, but the present suit and application were properly before it

Reasoning

The 1st defendant argued the application was an abuse of process given similar applications in succession cause no. 264 of 1994. The court acknowledged the active litigation before the High Court family division concerning the estate of Chandrakant Gheewala but declined to interfere with those proceedings, confining itself to protecting the applicant's identifiable interest in fiat no. 5 for purposes of this suit.

p. 5

Legal principles established

#
  • The Giella v Cassman Brown principles govern the grant of interlocutory injunctions: prima facie case with probability of success, irreparable injury not adequately compensable in damages, and balance of convenience in case of doubt.
  • A prima facie case requires demonstration of an infringement of a right and probability of success at trial, a standard higher than an arguable case.

Court orders

#
  1. 1.The 2nd defendant/respondent to supply certified copies of the green card record of LR no. 209/4796/4 Nairobi from manual or electronic records within 15 days
  2. 2.Temporary injunction restraining the 1st defendant/respondent from evicting, entering, demolishing, taking possession of, alienating, transferring, leasing, charging or disposing of fiat no. 5 on LR 209/4796/4 Desai Road, Ngara, Nairobi, or interfering with the plaintiff's peaceful possession and enjoyment thereof, pending hearing and determination of the main suit
  3. 3.Order restraining the 1st defendant/respondent from harassing, disturbing, annoying or provoking the plaintiff, or blocking easement rights to LR 209/4796/4, pending hearing and determination of the main suit
  4. 4.The Officer Commanding Parklands Police Station directed to ensure compliance with the injunction orders
  5. 5.The 3rd defendant/respondent restrained from registration or change of registration in the ownership status, user, sub-division, sub-leases or charge of the title of LR no. 209/4796/4, Nairobi, or any extension or renewal thereof, pending hearing and determination of the main suit
  6. 6.Costs in the cause
Jurisdiction invoked
Sections 1A, 1B, 3 and 3A of the Civil Procedure Act; Sections 3(1) & 19(1) of the Environment and Land Court Act; Order 40 Rules 1, 2 & 4 and Order 51 Rules 1, 3 & 4 of the Civil Procedure Rules

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Khan v Housing Schemes Ltd & 3 others (Land Case E369 of 2025) [2026] KEELC 4151 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4151/eng@2026-07-06

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