Cuniu Company Ltd v County Government of Kajiado (Environment and Land Case 32 of 2020) [2026] KEELC 4836 (KLR)
The bottom line
#A Kajiado court dismissed a landowner's bid to expand an injunction to a disputed plot portion, ruling that claims cannot exceed what was pleaded.
What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiff was entitled to extend the interim injunction to the contested portion (omitted 0.0212ha) at the interlocutory stage
The application was dismissed; it sought final determination of ownership by interlocutory application and travelled beyond the pleadings
The plaint claims only Noonkopir Township/469 measuring 0.0628 hectares; the application sought to cover the omitted 0.0213ha. Whether the Plaintiff owns the disputed area is yet to be determined at trial. Following Gilbert v Endean, Airland Tours, IEBC v Mutinda Mule and the Supreme Court in Odinga v IEBC, the court held that parties are bound by their pleadings and that conclusive findings on disputed facts cannot be made on affidavit evidence at the interlocutory stage.
Legal principles established
#- Parties are bound by their pleadings and no party may travel beyond them to obtain relief over unpleaded property
- An interlocutory application does not decide the rights of parties and the court should make no conclusive findings on disputed facts
Court orders
#- 1.The Plaintiff's Notice of Motion dated 28th August 2025 is disallowed and dismissed
- 2.Costs of the application to the Defendant
- Jurisdiction invoked
- Sections 33, 36, 37 of the Environment and Land Court Act (Cap. 8D); Sections 65, 66, 67 of the Land Act (Cap. 280); Orders 21, 22 and 51 of the Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Cuniu Company Ltd v County Government of Kajiado (Environment and Land Case 32 of 2020) [2026] KEELC 4836 (KLR)", Case Analysis (2026). ELC/E032/2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4836/eng@2026-07-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.