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ELCAllowedELC NO. E013 OF 2026· [2026] KEELC 5200 (KLR)

Merit v Gachomo (Environment and Land Case E013 of 2026) [2026] KEELC 5200 (KLR)

Environment and Land Court
22 July 2026
EME. K. Makori
1,176 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court froze all dealings on a Naromoru land title until trial, protecting a claimant who financed the property but is not the registered owner.

What this practically means

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Executive summary

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This was an interlocutory Notice of Motion dated April 17, 2026 in ELC No. E013 of 2026 at the Environment and Land Court, Nyeri, in which the Applicant sought preservation orders in the form of an injunction and inhibition over Title No. Naromoru Block 2/Muriru/4023 pending the hearing and determination of the main suit. The Applicant, who was not the registered owner, contended that he solely financed the acquisition of the suit property but the Respondent fraudulently caused it to be registered solely in her name, and that he therefore held a beneficial and equitable interest requiring protection. The Respondent countered that the property was matrimonial property acquired during a customary marriage, to which she contributed directly and indirectly, and that the Applicant, being a foreigner precluded from owning freehold land in Kenya, had agreed to registration in her name after receiving legal advice; she denied any intention to alienate the property. Framing two issues - entitlement to injunction and costs - the court, E. K. Makori J, applied the Giella v Cassman Brown test as elaborated in Mrao and Nguruman. Noting the breakdown of trust between the parties and the Applicant's apprehension of losing the property, and without making final findings on the merits, the court held it beneficial to preserve the substratum of the property. It issued an inhibition against the title and a temporary injunction restraining the Defendant from dealing with the property, both pending hearing of the suit, with costs in the cause. Judgment delivered electronically at Nyeri on July 22, 2026.

Key legal issues

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01

Entitlement to interlocutory injunction and inhibition over the suit property

Holding

The court found it beneficial that the substratum of the suit property be preserved pending hearing, and granted both an inhibition and a temporary injunction

Reasoning

Applying the Giella principles as framed by Mrao (prima facie case), Nguruman (irreparable injury) and American Cyanamid (triable issues), the court noted the trust between the parties had broken down and the Applicant, though not registered owner, apprehended loss of the property if alienated. It held preservation of the property pending trial was to the benefit of both parties without making final findings on the merits.

p. 6

Legal principles established

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  • Interlocutory injunctions in Kenya are governed by the Giella v Cassman Brown three-step test: prima facie case, irreparable injury, balance of convenience
  • At the interlocutory stage the court does not resolve factual disputes or make final findings on the merits

Court orders

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  1. 1.Pending the hearing and determination of this suit, an order of inhibition entered against Title No. Naromoru Block 2/Muriru/4023, prohibiting any dealings therewith until the suit is heard and determined
  2. 2.Pending the hearing and determination of this suit, a temporary injunction restraining the Defendant, her agents, servants and/or assigns, from selling, transferring, charging, leasing or otherwise dealing with Title No. Naromoru Block 2/Muriru/4023
  3. 3.Costs of the Application be in the cause

Authorities

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Cases cited (4)

  • Giella v Cassman Brown & Co. Ltd
    [1973] EA 358
  • Mrao Ltd v First American Bank of Kenya Ltd & 2 Others
    [2003] eKLR
  • Nguruman Limited v Jan Bonde Nielsen & 2 Others
    [2014] eKLR
  • American Cyanamid Co v Ethicon Ltd
    [1975] AC 396
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court over land within Kenya

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, "Merit v Gachomo (Environment and Land Case E013 of 2026) [2026] KEELC 5200 (KLR)", Case Analysis (2026). ELC NO. E013 OF 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5200/eng@2026-07-22

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