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ELCPartially AllowedELCLOS E011 OF 2026· [2026] KEELC 5680 (KLR)
Zablon Mwangi Maina (Suing as the Legal representative of the estate of Raban Maina Wahome) v Lydia Mercy Njeri (Sued as the Legal Administrator of the estate of Peter Kamau Thuo)
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·~5 min to read original · ~4 min briefThe bottom line
#The Murang'a Land Court let a family stay on disputed land but stopped short of fully blocking the owner from dealing with it.
What this practically means
#Executive summary
#This is an interlocutory ruling by the Environment and Land Court at Murang'a (M.N. Gicheru, J) on a notice of motion dated 10-4-2026 in an adverse possession dispute over L.R. No. Loc.12/Sub-Loc.4/1163. The Applicant, suing as legal representative of the estate of Raban Maina Wahome, claimed his family had occupied the suit land since 1959 and buried five family members there, and sought interim injunctions restraining the Respondent - registered owner since 3-12-2025 through transmission in Kangema Succession Cause No. E118 of 2023 - from evicting, selling, subdividing, transferring or otherwise interfering with the land, plus maintenance of status quo and a registrar's restriction. The Respondent opposed, asserting occupation through violence, charges registered in 1970 and 1980, eviction proceedings since 1975, and that the twelve-year limitation period had not run. Applying Giella v Cassman Brown, the court held that because pleadings were not closed, the parties' relationship was unexplained, and 1975 proceedings were referenced, there was insufficient material to find a prima facie case or irreparable loss. However, applying Muga v Kunga, the balance of convenience favoured the party in occupation. The court ordered status quo maintained on the land and register - the Applicant to remain in occupation and the Respondent not to charge, subdivide or transfer - with costs in the cause. The substantive injunction and registrar restriction prayers were not granted.
Key legal issues
#01
Whether a temporary injunction should issue in an adverse possession claim
Holding
Interlocutory injunction refused; only status quo maintenance ordered as balance of convenience favours the party in occupation
Reasoning
Applying Giella v Cassman Brown, the court found insufficient material, pleadings not having closed, to assess prima facie case or irreparable loss. Citing Muga v Kunga, it held the party in occupation should remain until final determination, and maintained status quo on the land and register.
p. 4
Legal principles established
#- In land cases, a party in occupation should not be evicted before the dispute has been finally determined
Court orders
#- 1.Status quo on the suit land and in the register maintained: the Applicant stays in occupation and the Respondent shall not charge, subdivide or transfer the suit land pending hearing and determination of the suit
- 2.Costs in the cause
- Jurisdiction invoked
- Articles 162(2)(b) and 165, Environment and Land Court Act; motion under Orders 40 rules 1, 2, 3 and 51 rule 1 of the Civil Procedure Rules, Sections 1A, 1B and 3A of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Zablon Mwangi Maina (Suing as the Legal representative of the estate of Raban Maina Wahome) v Lydia Mercy Njeri (Sued as the Legal Administrator of the estate of Peter Kamau Thuo)", Case Analysis (2026). ELCLOS E011 OF 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5680/eng@2026-09-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.