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ELCPartially AllowedMCCC (ELC) suit — Bricklane Homes Limited v Judith Nyaboke & another (court number not stated in judgment)· [2026] KEELC 5085 (KLR)

Bricklane Homes Limited v Nyaboke & another (Environment and Land Case E511 of 2025) [2026] KEELC 5085 (KLR)

Environment and Land Court
4 August 2026
1,642 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

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A Kenyan court froze a Lavington penthouse sale, ruling a property transferred despite existing status quo orders must be protected while a counterclaim is decided.

What this practically means

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Executive summary

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The defendant, Judith Nyaboke, moved the court by notice of motion dated 2nd February 2026 under Article 159 of the Constitution, Sections 1A, 1B and 3A of the Civil Procedure Act and Orders 2 rule 15 and 51 rule 1 of the Civil Procedure Rules, seeking an interim injunction and inhibition restraining dealings with penthouse no. C7 on LR no. 330/250 at Sandalwood Clyde Gardens, Lavington, pending the hearing of her counterclaim. She deposed that the property was auctioned pursuant to the interested party's statutory power of sale, a challenge pending before the High Court commercial division, and that the Court of Appeal had granted status quo orders in civil application no. E308 of 2021. She alleged the plaintiff procured a transfer of the property while those orders were in force. The plaintiff filed grounds of opposition, arguing abuse of court, defective annexures, joinder of non-parties and lack of jurisdiction. The court first faulted the applicant for citing parties (Grace Chepkoech Chesiyna and the Registrar of Government Lands) unknown to the suit without joinder or amendment, retaining only the original parties. Applying Giella v Cassman Brown, it found a prima facie case on the certificate of postal search showing registration in the plaintiff's name despite the status quo orders, held damages inadequate, and found the balance of convenience favoured the defendant. It allowed the motion, issuing a temporary injunction against the plaintiff pending the counterclaim, with costs in the cause.

Key legal issues

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01

Prima facie case

Holding

The defendant established a prima facie case because the certificate of postal search showed the property was registered in the plaintiff's name while the Court of Appeal status quo orders of 20th December 2021 were in place.

Reasoning

The court found from the annexures that the transfer of the suit property to the plaintiff occurred despite subsisting Court of Appeal status quo orders. That registration, effected while orders preserving ownership and possession were in force, disclosed a genuine dispute requiring protection pending trial, satisfying the first Giella criterion.

p. 4
02

Irreparable harm / adequacy of damages

Holding

Damages would not be an adequate remedy; the suit property required protection from further dealings.

Reasoning

The applicant argued that the transfer violated her right to own property and that subsequent dealings on the title could not be compensated by damages. The court was satisfied there was need to protect the suit property, meeting the second Giella criterion.

p. 4
03

Orders against non-parties

Holding

An application cannot seek orders against persons not parties to the suit absent joinder or leave to amend; the court recognised only the parties as originally filed.

Reasoning

The defendant cited Grace Chepkoech Chesiyna and the Registrar of Government Lands without any application for joinder or amendment. The court condemned the practice as unprocedural and unknown in law, and noted the pleadings' rearrangement of party designations caused confusion.

p. 2

Legal principles established

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  • A prima facie case with a probability of success does not require that the case must eventually succeed; the court only gauges the strength of the applicant's case at the interlocutory stage.
  • Under Order 40 rule 1, where property in dispute is in danger of being wasted, damaged or alienated, the court may grant a temporary injunction to restrain such dealing.

Court orders

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  1. 1.Pending the hearing and determination of the counterclaim between the parties, a temporary order of injunction restraining the plaintiff/respondent from transferring, subdividing, letting, disposing of or in any way dealing with penthouse no. C7 on LR no. 330/250 at Sandalwood Clyde Gardens situated in Lavington
  2. 2.Costs to be in the cause
Jurisdiction invoked
Article 159 of the Constitution; Sections 1A, 1B and 3A of the Civil Procedure Act; Order 2 rule 15 and Order 51 rule 1 of the Civil Procedure Rules (interim relief under Order 40 rule 1)

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, "Bricklane Homes Limited v Nyaboke & another (Environment and Land Case E511 of 2025) [2026] KEELC 5085 (KLR)", Case Analysis (2026). MCCC (ELC) suit — Bricklane Homes Limited v Judith Nyaboke & another (court number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5085/eng@2026-08-04

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