Eunice Nyambura Makumi (Administratrix of the estate of the late Humphrey Njumbi Makumi) v Njeri Kiagayu T/A Njeri Kiagayu & Co. Advocates & 6 Others
The bottom line
#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
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the orders sought in the Notice of Motion dated 10th February 2026 should be granted
Key legal issues
#Whether the Plaintiff established a prima facie case over parcel Ngong/Ngong/18796
Yes - the Certificate of Confirmation of Grant shows she was to receive 0.1555 Ha, entitling her to a hearing; a temporary injunction issued
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.
Whether the Plaintiff could obtain orders over parcel Ngong/Ngong/6411
No - she showed no proprietary interest or authority from the 2nd and 3rd Defendants
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.
Whether the 1st Defendant should be compelled to surrender the title deeds
No - the advocate's retaining lien over unpaid legal fees precludes a mandatory surrender order at interlocutory stage
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.
Legal principles established
#- 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
#- 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.The 5th Defendant/Respondent restrained from registering any further dealings or dispositions affecting parcel Ngong/Ngong/18796
- 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.Prayers for injunctive relief and restriction of dealings for parcel Ngong/Ngong/6411 declined
- 5.Costs of the application to abide the outcome of the main suit
The bench
#One judgment of the whole court — no separate or dissenting opinions.
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
#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
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
#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.
The 5th Defendant/Respondent is restrained, from registering any further dealings or dispositions affecting parcel Ngong/Ngong/18796.
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.
The costs of the application shall abide the outcome of the main suit.
…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.
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.
Issues in the judgment
#Judgment header styled 'RULING' though it determines an interlocutory application within a first-instance suit
Parcel number inconsistently rendered as '18796' and 'I8796' in the judgment
Lowercase 'i' used for the judge in the disposition paragraph
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#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.