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ELCDismissedELC/E032/2020· [2026] KEELC 4836 (KLR)

Cuniu Company Ltd v County Government of Kajiado (Environment and Land Case 32 of 2020) [2026] KEELC 4836 (KLR)

Environment and Land Court
24 July 2026
3,232 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~13 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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This is a ruling by the Environment and Land Court at Kajiado (M.D. Mwangi J) on the Plaintiff's Notice of Motion dated 28 August 2025 in ELC/E032/2020. The Plaintiff, alleging to be the lawful allottee and registered proprietor of Plot No. 45 Noonkopir, Kajiado County, sought maintenance of status quo, removal and eviction of containers and structures on the land, extension of earlier interim and permanent injunction orders issued over Title No. Noonkopir Township/469 to cover the entire Plot No. 45 including an omitted 0.0212ha portion, and directions to enforcement authorities. The Defendant opposed through grounds of opposition and affidavits of its County Land Registrar, arguing the application sought mandatory orders disguised as conservatory orders, was premised on disputed facts, was an attempt to acquire public land through judicial shortcuts, and that an allotment letter and PDP cannot confer ownership. The court framed one issue: whether the Plaintiff was entitled to the orders sought. Holding that the dispute over ownership of the omitted portion was yet to be determined at trial, and that the application was mischievously seeking final determination of rights by way of interlocutory application, the court applied Gilbert v Endean, Airland Tours, IEBC v Mutinda Mule and the Supreme Court decision in Odinga v IEBC to hold that parties are bound by their pleadings. Since the plaint claimed only Noonkopir Township/469 measuring 0.0628 hectares, extending the injunction beyond it would be travelling beyond the pleadings. The application was dismissed with costs to the Defendant.

Key legal issues

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Whether the Plaintiff was entitled to extend the interim injunction to the contested portion (omitted 0.0212ha) at the interlocutory stage

Holding

The application was dismissed; it sought final determination of ownership by interlocutory application and travelled beyond the pleadings

Reasoning

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.

p. 10

Legal principles established

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  • 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

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  1. 1.The Plaintiff's Notice of Motion dated 28th August 2025 is disallowed and dismissed
  2. 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

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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, "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.