Andiga v Manyuru & 2 others; Lodi (Interested Party) (Environment and Planning Originating Summons E001 of 2026) [2026] KEELC 5189 (KLR)
The bottom line
#A Kenyan court lifted a blanket ban on land use but froze the title register, protecting both the adverse possession claim and the buyer's construction plans.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicant established a prima facie case for a temporary injunction
No - her own account disclosed a permissive origin of occupation with no demonstrated repudiation, and the location of her structures on the parcel was disputed
A prima facie case requires an apparently infringed right calling for an answer, not merely an arguable dispute. The register showed the parcel was acquired from the applicant's late husband in 1989, consistent with permissive caretaking. The applicant did not identify when permission was repudiated, and produced no tenancy records, receipts or photographs locating the structures within parcel 1208.
Whether preservation of the register should issue despite failure of the broad injunction
Yes - a restraint on registration of dispositions was granted because the parcel remains registered in a deceased person's name amid succession proceedings and a disputed sale
A transfer during the suit could multiply the parties and impair the Court's ability to grant effective relief. Preserving the register protects the subject matter without making a preliminary finding on possession, while lifting the blanket restraint avoids continuing economic prejudice. Works resumed are at the interested party's own risk and confer no equity.
Legal principles established
#- The requirements for a temporary injunction (prima facie case, irreparable injury, balance of convenience) are distinct and sequential; failure of the first limb is dispositive
- Possession attributable to permission or licence is not adverse while that basis continues; the point of repudiation of permission must be demonstrated
- Expenditure on development after notice of a claim is at the developer's own risk and confers no equity against a successful adverse possession claimant
Court orders
#- 1.The Notice of Motion dated 19 March 2026 succeeds only to the limited extent stated below
- 2.The temporary injunction issued on 25 March 2026 is discharged insofar as it restrains access to, occupation, use, accumulation of construction materials upon, or development of land parcel Tiriki/Tigoi/1208
- 3.Pending determination of the originating summons, the Land Registrar, Vihiga shall not register any transfer, charge, lease, subdivision or other disposition affecting Tiriki/Tigoi/1208 except with leave of the Court
- 4.The respondents and the interested party shall not sell, transfer, charge, lease, subdivide or otherwise create any third-party interest over Tiriki/Tigoi/1208 pending determination of the originating summons
- 5.Any access, use, construction or development before determination of the suit shall be undertaken wholly at the interested party's risk and shall confer no equity, priority or right to compensation against the applicant
- 6.No party shall threaten, harass, evict or forcibly remove another from any portion actually occupied as at the date of the ruling without an order of the Court
- 7.The parties shall, within thirty days, complete all pre-trial steps including further affidavits, witness statements, issues and paginated bundles
- 8.Mention on 29 October 2026 for confirmation of compliance and allocation of a hearing date
- 9.Costs of the application shall be in the cause
- Jurisdiction invoked
- Order 40 of the Civil Procedure Rules (interim injunction application in a suit for adverse possession)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Andiga v Manyuru & 2 others; Lodi (Interested Party) (Environment and Planning Originating Summons E001 of 2026) [2026] KEELC 5189 (KLR)", Case Analysis (2026). Not stated in judgment (Notice of Motion dated 19 March 2026 in Originating Summons dated 11 March 2026). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5189/eng@2026-07-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.