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ELCAllowedNakuru ELC No. E003 of 2026· [2026] KEELC 4442 (KLR)

Shah v Mathenge & 2 others (Environment and Land Case E003 of 2026) [2026] KEELC 4442 (KLR)

Environment and Land Court
15 July 2026
MOM. A. Odeny
1,228 words in judgment
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The bottom line

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The Environment and Land Court in Nakuru stopped all activity on a disputed plot until trial, showing unopposed land claims with clear documents win injunctions.

What this practically means

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Executive summary

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This is a ruling of the Environment and Land Court at Nakuru (M. A. Odeny, J) on a Notice of Motion dated 5th February 2026 by Kishore Dhirajlal Shah, the registered owner of Nakuru Municipality Block 12/183 measuring approximately 0.5141 hectares. The Applicant deponed that he purchased the land from Professor Musangi, who signed transfer forms on 24th May 1988, was issued a certificate of lease, and has paid ground rent, rates and administrative fees. He discovered via a search that the property was registered in the name of the 1st Respondent, and that the Respondents entered the land, erected a wall and cut down trees without his consent, preventing him from developing it. He sought a temporary injunction restraining the Defendants from entering, cutting trees, erecting structures, selling, transferring, alienating, disposing, tilling, cultivating or leasing the land, plus an order to the OCS Nakuru Police Station for compliance, and costs. Counsel relied on Giella v Cassman Brown, Maina v Stanbic Bank, Nguruman v Jan Bonde Nielsen and Suleiman v Amboseli Resort. None of the three Defendants/Respondents filed a response, so the application was unopposed. Applying Order 40 Rule 1 of the Civil Procedure Rules, 2010 and the Giella principles as restated in Nguruman, the court held that the Applicant's lease certificate, transfer forms and payment receipts established a prima facie case; ownership turns on tracing the root of title, which can only be determined at trial. The court found preservation of the suit land to be in the interest of justice and allowed the application as prayed on 15th July 2026.

Key legal issues

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01

Whether the Applicant met the Giella v Cassman Brown threshold for an interlocutory injunction

Holding

The Applicant established a prima facie case through his certificate of lease, transfer forms from Professor Musangi and statutory payment receipts; ownership is disputed and the land should be preserved pending trial.

Reasoning

The court found the application unopposed, as no responses were filed by any of the three Respondents. The Applicant demonstrated registration in 1988, payment of ground rent, rates and administrative fees, and that Respondents entered the land, erected a wall and cut trees. Since ownership can only be resolved at trial by tracing the root of title, preservation of the suit land was in the interest of justice and the injunction issued as prayed.

p. 5

Legal principles established

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  • An applicant for a temporary injunction must sequentially establish a prima facie case with a probability of success, irreparable harm not compensable in damages, and, if in doubt, the balance of convenience.

Court orders

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  1. 1.A temporary injunction restraining the Defendants, their agents and servants from entering, cutting trees, erecting structures, selling, transferring, alienating, disposing, tilling, cultivating, leasing or in any way interfering with the suit parcel Nakuru Municipality Block 12/183 pending the hearing and determination of the suit
  2. 2.An order to be issued to the OCS Nakuru Police Station for effective compliance
  3. 3.The Application dated 5th February 2026 is allowed as prayed

Authorities

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Legislation

  • Civil Procedure Rules, 2010Order 40 Rule 1

Cases cited (4)

  • Giella Versus Cassman Brown (1973) EA 358
    (1973) EA 358
  • Maina V Stanbic Bank Kenya Limited & 2 others
    [2022] KEHC 9943 (KLR)
  • Nguruman Limited V Jan Bonde Nielsen & 2 Others
    [2014] eKLR
  • Suleiman V Amboseli Resort Limited
    [2004] eKLR
Jurisdiction invoked
Article 162(2)(b) of the Constitution (Environment and Land Court) read with Order 40 Rule 1 of the Civil Procedure Rules, 2010

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, "Shah v Mathenge & 2 others (Environment and Land Case E003 of 2026) [2026] KEELC 4442 (KLR)", Case Analysis (2026). Nakuru ELC No. E003 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4442/eng@2026-07-15

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