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ELCAllowedNot stated in the judgment· [2026] KEELC 5112 (KLR)

Masika v Dang’ana (Enviromental and Land Originating Summons E005 of 2025) [2026] KEELC 5112 (KLR)

Environment and Land Court
29 July 2026
1,985 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~8 min to read original · ~4 min brief

The bottom line

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A Kenyan court blocked a landowner from selling or evicting a long-term occupier, showing courts protect people who have lived on land for over 12 years.

What this practically means

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Executive summary

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The applicant, who claims to have occupied two portions of L.R. No. Lugari/Likuyani/Block 1 (Vihiga)/194 since 1978, moved the court by Notice of Motion dated 20th May 2026 seeking a temporary injunction and an order of inhibition pending hearing of her suit, which is founded on adverse possession and trust. The respondent, the registered proprietor since April 2014, denied her long occupation, asserting she entered in 2000 to bury her daughter, and relied on the dismissal (and later appeal trajectory) of his eviction suits and a county survey report confirming her developments on the parcel. The court framed a single issue: whether the applicant met the threshold for temporary injunctive and inhibitory relief. Applying Giella v Cassman Brown as clarified in Mrao and Nguruman, the court held that the applicant's undisputed occupation for a considerable period established a prima facie case with chances of success on adverse possession; that the likelihood of disposal while title lay with the respondent showed irreparable harm; and that the balance of convenience favoured the party in occupation. On inhibition, invoking Section 68(1) of the Land Registration Act and authorities equating inhibition with prohibitory injunction, the court found preservation imperative. The application was allowed: a temporary injunction restraining eviction, alienation or interference with the applicant's possession, an inhibition over the title, and costs to the applicant. Judgment delivered at Kakamega on 29th July 2026 by A. Nyukuri, Judge.

Key legal issues

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01

Whether the applicant established a prima facie case

Holding

Yes - her lengthy undisputed occupation supports an arguable adverse possession claim

Reasoning

The court noted the dispute over when occupation began (1978 vs 2000) but found the fact of occupation for a considerable period undisputed. Since adverse possession requires 12 years' continuous occupation without permission, the applicant's occupation gave her a genuine and arguable case with chances of success, satisfying the first Giella threshold.

p. 10
02

Whether irreparable loss and balance of convenience favoured the applicant

Holding

Yes - her occupation with title in the respondent's name showed a likelihood of disposal, and convenience favoured the party in occupation

Reasoning

The court reasoned that with the applicant in occupation while title remained registered in the respondent's name, there was a demonstrable likelihood of disposal of the property before trial. The balance of convenience tilted towards the applicant as the party in actual occupation, entitling her to the injunction.

p. 10
03

Whether an order of inhibition should issue

Holding

Yes - to preserve the suit property pending determination of the adverse possession claim

Reasoning

Relying on Section 68(1) of the Land Registration Act and case law equating inhibition with prohibitory injunction, the court held that where the respondent holds title while the applicant occupies and pursues an adverse possession claim, preservation of the property through inhibition is imperative to keep the subject matter available during the suit.

p. 12

Legal principles established

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  • An applicant for a temporary injunction must establish a prima facie case with a probability of success, irreparable injury not compensable by damages, and, where in doubt, the balance of convenience
  • Adverse possession is based on continuous occupation by a trespasser without the owner's permission for a period of 12 years
  • An inhibition order under Section 68 of the Land Registration Act preserves the suit property pending hearing and determination, similar to a prohibitory injunction

Court orders

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  1. 1.An order of temporary injunction restraining the defendant/respondent from entering upon, evicting the plaintiff, alienating, selling, transferring, charging, subdividing, fencing, constructing on or in any manner interfering with the plaintiff's quiet possession and occupation of the defined portions on part of title L.R no. Lugari/Likuyani/Block 1 (Vihiga) 194 pending the hearing and determination of this suit
  2. 2.An order of inhibition inhibiting the registration of any dealings whatsoever in respect of L.R no. Lugari/Likuyani/Block 1 (Vihiga) 194 pending the hearing and determination of this suit
  3. 3.Costs of the application awarded to the applicant
Jurisdiction invoked
Order 40 Rule 1 of the Civil Procedure Rules and Section 68(1) of the Land Registration Act, No. 3 of 2012

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, "Masika v Dang’ana (Enviromental and Land Originating Summons E005 of 2025) [2026] KEELC 5112 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5112/eng@2026-07-29

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