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ELCPartially AllowedELC LC NO. E028 OF 2026

Eunice Nyambura Makumi (Administratrix of the estate of the late Humphrey Njumbi Makumi) v Njeri Kiagayu T/A Njeri Kiagayu & Co. Advocates & 6 Others

Environment and Land Court
24 September 2026
1,882 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~8 min to read original · ~4 min brief

The bottom line

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A Kajiado court froze dealings on one family land parcel but refused to force an advocate to hand back title deeds while legal fees remain unpaid.

What this practically means

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Executive summary

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The Plaintiff, administratrix of the estate of her late father and sister to the 2nd, 3rd and 4th Defendants, moved the Environment and Land Court at Kajiado by Notice of Motion dated 10th February 2026 seeking interlocutory injunctions over parcels Ngong/Ngong/18796 and Ngong/Ngong/6411, an order compelling the 1st Defendant advocate to surrender the title deeds, and a restriction on further registrations. She alleged that despite a confirmed grant distributing the estate, the 1st Defendant had the parcels transmitted in 2019 contrary to the agreed mode of distribution, and that the 7th Defendant, to whom she sold her portion, defaulted and began construction. The 1st Defendant opposed, asserting the transmissions accorded with the confirmed grant and that she retained the titles as security for unpaid legal fees. The other Defendants did not respond. The court framed a single issue: whether the orders sought should be granted. Applying Giella v Cassman Brown and Nguruman, it found the Plaintiff entitled to a hearing over Ngong/Ngong/18796 given the confirmed grant allotted her 0.1555 Ha, and issued a temporary injunction against all Defendants plus a registration restriction on the 5th Defendant. However, it declined relief over Ngong/Ngong/6411 for lack of demonstrated proprietary interest or authority, and declined the mandatory surrender of title deeds, recognising the advocate's retaining lien for uncontroverted unpaid fees. Costs were left to abide the main suit.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the orders sought in the Notice of Motion dated 10th February 2026 should be granted

Key legal issues

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01

Whether the Plaintiff established a prima facie case over parcel Ngong/Ngong/18796

Holding

Yes - the Certificate of Confirmation of Grant shows she was to receive 0.1555 Ha, entitling her to a hearing; a temporary injunction issued

Reasoning

The Plaintiff produced a title deed and official search showing the parcel registered to the four siblings, and the confirmed grant allotted her 0.1555 Ha. The 1st Defendant's transmission of the parcel was alleged to contravene the confirmed grant. The court found sufficient grounds to restrain sale, transfer or development pending full hearing.

p. 8
02

Whether the Plaintiff could obtain orders over parcel Ngong/Ngong/6411

Holding

No - she showed no proprietary interest or authority from the 2nd and 3rd Defendants

Reasoning

The Plaintiff's own pleaded case was that the parcel was to be divided between the 2nd and 3rd Defendants. She neither demonstrated her own interest nor produced their authority to seek orders concerning their title documents, so relief over that parcel was refused.

p. 8
03

Whether the 1st Defendant should be compelled to surrender the title deeds

Holding

No - the advocate's retaining lien over unpaid legal fees precludes a mandatory surrender order at interlocutory stage

Reasoning

An advocate-client relationship existed and the claim for unpaid fees was uncontroverted. Relying on the Booth Extrusions line of authority, the court recognised the advocate's general and retaining lien over client documents until costs are paid, and held mandatory orders could not issue without a substantive hearing.

p. 10

Legal principles established

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  • An applicant for an interlocutory injunction must establish a prima facie case, irreparable injury not compensable by damages, and, if in doubt, that the balance of convenience favours the grant; these hurdles are addressed sequentially.
  • An advocate with a retaining lien may retain client documents in their possession until all costs and charges due are paid.

Court orders

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  1. 1.A temporary injunction restraining the 1st to 7th Defendants/Respondents, their agents or persons claiming through them, from selling, transferring, subdividing or carrying out construction on Ngong/Ngong/18796 pending the hearing and determination of the suit
  2. 2.The 5th Defendant/Respondent restrained from registering any further dealings or dispositions affecting parcel Ngong/Ngong/18796
  3. 3.Prayer for an order compelling the 1st Defendant to surrender the original title deeds and other instruments for parcels Ngong/Ngong/18796 and Ngong/Ngong/6411 declined at this interlocutory stage
  4. 4.Prayers for injunctive relief and restriction of dealings for parcel Ngong/Ngong/6411 declined
  5. 5.Costs of the application to abide the outcome of the main suit

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Original jurisdiction of the Environment and Land Court under Article 162(2)(b) of the Constitution (not expressly cited in the ruling)

Relief refused

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Order compelling the 1st Defendant to surrender original title deeds for both parcels

Mandatory orders cannot be granted at interlocutory stage without hearing parties substantively, despite the advocate's retaining lien claim

p. 10

Injunctive relief and restriction of dealings over parcel Ngong/Ngong/6411

Plaintiff did not demonstrate her interest in the parcel or authority from the 2nd and 3rd Defendants

Costs

The costs of the application shall abide the outcome of the main suit.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

A temporary injunction is hereby issued restraining the 1st, 2nd, 3rd, 4th, 5th, 6th and 7th Defendants/Respondents, their agents or persons acting or claiming through them from in any other manner selling, transferring, sub dividing or carrying out construction on Ngong/Ngong/18796 pending the hearing and determination of this suit.
p. 11Final orders - temporary injunction
The 5th Defendant/Respondent is restrained, from registering any further dealings or dispositions affecting parcel Ngong/Ngong/18796.
p. 11Final orders - restriction on registration
The prayer seeking an order compelling the 1st Defendant/respondent to surrender the original title deeds and other instruments relating to parcels Ngong/Ngong/18796 and Ngong/Ngong/6411 is declined at this interlocutory stage.
p. 11Final orders - surrender of titles declined
The costs of the application shall abide the outcome of the main suit.
p. 12Final orders - costs
…on considering whether or not a prima facie case has been established, the Court does not hold a mini trial and must not examine the merits of the case closely.
p. 7Prima facie case standard
An injunction is an equitable remedy granted to protect an established or sufficiently demonstrated right. As such there are sufficient grounds to restrain the Respondents from selling, transferring or developing the said property.
p. 8Basis for injunction over Ngong/Ngong/18796

Issues in the judgment

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minor

Judgment header styled 'RULING' though it determines an interlocutory application within a first-instance suit

minor

Parcel number inconsistently rendered as '18796' and 'I8796' in the judgment

minor

Lowercase 'i' used for the judge in the disposition paragraph

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, "Eunice Nyambura Makumi (Administratrix of the estate of the late Humphrey Njumbi Makumi) v Njeri Kiagayu T/A Njeri Kiagayu & Co. Advocates & 6 Others", Case Analysis (2026). ELC LC NO. E028 OF 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5848/eng@2026-09-24

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