Wandie (Suing as the Legal Administrator of the Estate of Milton Wandii Njagua) v Kibugu (Enviromental and Land Originating Summons E026 of 2025) [2026] KEELC 4447 (KLR)
The bottom line
#A Murang'a court protected a woman who has farmed land since 1970, blocking its sale or transfer until her ownership claim is heard.
What this practically means
#Executive summary
#Key legal issues
#Whether the balance of convenience favours the grant of an interim preservation order
The court allowed the motion on the ground that the Applicant had been in occupation of the suit land since 1970, tilting the balance of convenience in her favour; it allowed prayers 5 and 6 to preserve the status quo
The court held it need not consider the prima facie case and irreparable injury limbs because the main Originating Summons was yet to be heard. It therefore fell back on the third Giella principle and found that the Applicant, in occupation since 1970 and with family members buried on the land, would suffer the greater prejudice. It simplified overlapping prayers by allowing only prayers 5 and 6, preserving the Applicant's occupation and restraining transfer or charging of the land.
Legal principles established
#- The principles in Giella v Cassman Brown apply to applications for injunction: prima facie case with probability of success, irreparable injury not compensable by damages, and balance of convenience where the court is in doubt.
- A court may determine an interlocutory injunction application on the balance of convenience alone without deciding the first two Giella principles where the main suit is yet to be heard.
Court orders
#- 1.Direction to the Land Registrar to prohibit or restrict dealings over L.R. No. Loc.8/Theri/404 pending the hearing and determination of the originating summons (prayer 5)
- 2.General/further orders preserving the status quo such that the Applicant remains in occupation of the suit land and the Respondent does not transfer or charge the suit land until the main suit is heard and determined (prayer 6)
- 3.Costs in the cause
- Jurisdiction invoked
- Sections 1A, 1B, 3A and 63 of the Civil Procedure Act and Orders 40 rules 1, 2 and 3 and 51 rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wandie (Suing as the Legal Administrator of the Estate of Milton Wandii Njagua) v Kibugu (Enviromental and Land Originating Summons E026 of 2025) [2026] KEELC 4447 (KLR)", Case Analysis (2026). not stated in judgment (Originating Summons, Murang'a). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4447/eng@2026-07-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.