Macheo Limited v Wycliffe Mulunda Khaoya, Benson Wanambisi Khaoya & Douglas Shikuku Khaoya (Sued as the Administrators of the Estate of Joseph Wafula Khaoya (Deceased)) & The Land Registrar, Trans Nzoia (Interested Party)
The bottom line
#Kenya's Environment and Land Court stopped a deceased seller's family from occupying land a buyer claims, ruling that defences like res judicata need evidence, not shortcuts.
What this practically means
#Executive summary
#Key legal issues
#Whether the preliminary objection was competent as a pure point of law
The objection was dismissed because res judicata, limitation and specific performance issues require probing facts and evidence
The court applied Mukisa Biscuits and Aviation & Allied Workers Union, holding that a preliminary objection assumes all facts pleaded by the opposite side are correct. Here, determining whether prior suits were heard and finally determined, whether the claim is time-barred, and whether specific performance is available all require examination of pleadings, rulings and documentary evidence, so the objection was not a pure point of law.
Whether the ELC has jurisdiction over disputed land sale contracts
Yes; the court has jurisdiction to determine disputes over contracts, choses in action and instruments granting enforceable interests in land
Jurisdiction derives from Article 162(2) and (3) of the Constitution and Section 13 of the Environment and Land Court Act, which confer exclusive original jurisdiction over matters relating to land, including contracts and instruments granting enforceable interests in land. Enforceability of the contract and the orders to issue are matters for trial after hearing and examining the evidence.
Whether a temporary injunction should issue
A temporary injunction as prayed was granted for one year, the applicant having established a prima facie case
Applying Giella v Cassman Brown and Mrao Ltd, the court found from the sale agreement and the plaint that the applicant showed a genuine and arguable case with an existing right arguably infringed. Continued trespass and destruction of developments made loss irreparable, and the balance of convenience favoured preservation. No mini-trial was required.
Legal principles established
#- A preliminary objection that requires ascertainment or evaluation of disputed facts is not a pure point of law
- The ELC has jurisdiction to hear and determine disputes over contracts relating to land, including enforceability of such contracts
- A court granting an interlocutory injunction is not expected to conduct a mini-trial
Court orders
#- 1.Preliminary objection dismissed as not a pure point of law
- 2.Temporary injunction as prayed granted, restraining the respondents from entering upon, ploughing, cultivating, clearing bushes, fencing, grazing livestock, wasting, damaging, selling, alienating or interfering with the applicant's possession of LR No. 10288 Saboti Southwest of Kitale Municipality, to last one year pending hearing and determination of the suit
- 3.Costs of the application to abide the outcome of the suit
- Jurisdiction invoked
- Article 162(2) and (3) of the Constitution and Section 13 of the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Macheo Limited v Wycliffe Mulunda Khaoya, Benson Wanambisi Khaoya & Douglas Shikuku Khaoya (Sued as the Administrators of the Estate of Joseph Wafula Khaoya (Deceased)) & The Land Registrar, Trans Nzoia (Interested Party)", Case Analysis (2026). ELC Case No. E051 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5521/eng@2026-09-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.