Magoha & another v Ringsview Apartments Ltd & 2 others (Land Case E018 of 2026) [2026] KEELC 5149 (KLR)
The bottom line
#Kenya's Environment and Land Court blocked an auction of two Kileleshwa apartments, ruling that losing ownership of property is harm money can't fully fix.
What this practically means
#Executive summary
#Key legal issues
#Prima facie case for temporary injunction
The plaintiffs established a prima facie case by exhibiting the agreement for sale dated 15th June 2012, affirmed by an arbitral award dated 9th October 2023 adopted as a court order on 31st January 2024
The court applied Mrao Ltd and Nguruman definitions of a prima facie case. The exhibited agreement for sale and the arbitral award adopted as an order of the court, directing the 1st defendant to register the suit properties to the plaintiffs, disclosed an apparent right threatened with violation by the intended auction.
Irreparable injury and balance of convenience
Loss of ownership of the suit properties constitutes irreparable injury not fully compensable by damages, and the balance of convenience favours preservation of the properties
Although the 3rd defendant argued damages were adequate and it held a valid statutory power of sale, the court held that loss of ownership is irreparable because loss may not be fully accounted for in money, and that preserving the properties pending full canvassing of issues serves the interests of justice.
Order of inhibition
An order of inhibition was warranted as it is in the interest of justice to preserve the suit properties pending final hearing and determination of the suit
Relying on Section 68 of the Land Registration Act and the M'Ndutho conditions (risk of disposition, suit rendered nugatory, arguable case), the court found the suit properties at risk through the intended auction and issued an inhibition registered against apartments C2 and B4.
Legal principles established
#- Loss of ownership of property constitutes irreparable injury notwithstanding that the value may be quantifiable
- The Giella v Cassman Brown conditions govern the grant of interlocutory injunctions
- An order of inhibition preserves disputed property from alienation pending determination of the suit
Court orders
#- 1.An order of temporary injunction restraining the defendants/respondents from advertising for sale, selling by public auction, disposing of, alienating, transferring, charging, or in any manner dealing with apartments No. C2 and B4 situated in LR. No. 4858/11 in Kileleshwa
- 2.An order of inhibition directing that the same is registered against apartment C2 and B4 to prevent further dealings pending the hearing and determination of the suit
- 3.Costs to be in the cause
- Jurisdiction invoked
- Sections 1A, 1B, 3A and 63(e) of the Civil Procedure Act and Order 40 Rules 1, 2, 3 and Order 51 rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Magoha & another v Ringsview Apartments Ltd & 2 others (Land Case E018 of 2026) [2026] KEELC 5149 (KLR)", Case Analysis (2026). ELC LC No. E018 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5149/eng@2026-08-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.