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MagistratePartially AllowedNot stated in the excerpt· [2025] KEMC 352 (KLR)

Nderitu v Kironji & another (Sued as Representatives/Trustee of Life Transformation Centre) (Environment and Land Case E142 of 2025) [2025] KEMC 352 (KLR)

Magistrates' Court
4 December 2025
714 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

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A Nakuru court stopped dealings on one plot but not the other, showing Kenyan courts grant injunctions only where money cannot fix the harm.

What this practically means

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Executive summary

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This is a ruling by Hon. A. Ndege, Senior Principal Magistrate at Nakuru, delivered on 4 December 2025 on a Notice of Motion brought under Sections 1A, 1B and 3A of the Civil Procedure Act and Orders 40 Rule 1 and 51 Rule 1 of the Civil Procedure Rules. The applicant sought a temporary injunction restraining the respondents from selling, charging, leasing, trespassing onto, further developing or otherwise dealing adversely with two parcels, LR. NO. Bahati/Kabatini Block1/10567 and LR. NO. Bahati/Kabatini Block1/10568, each measuring approximately 0.0470 Ha, pending the hearing and determination of the suit. The application was supported by an affidavit sworn at Nakuru on 12 June 2025 and opposed by a replying affidavit dated 7 August 2025; parties filed written submissions. The court applied the classic Giella v Cassman Brown principles and the Nguruman formulation of irreparable loss. It found that the dispute over parcel 10568 was quantifiable in monetary terms up to the last cent under clause 1(c) and (d) of an Addendum, that the applicant had not proved the respondents would be unable to compensate him, and that the balance of convenience favoured the respondents; no injunction issued over that parcel. As to parcel 10567, the court found a prima facie case with likelihood of success, which the respondents' submissions appeared to concede. The application was allowed only in respect of parcel 10567, with a temporary injunction issuing to restrain adverse dealings, and each party was ordered to bear its own costs.

Key legal issues

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01

Whether a temporary injunction should issue over LR. NO. Bahati/Kabatini Block1/10568

Holding

Refused; the claim over that parcel is quantifiable in damages and the balance of convenience favours the respondents

Reasoning

The court found that the dispute over parcel 10568 could be valued in monetary terms up to the last cent by reference to clause 1(c) and (d) of the Addendum. The applicant neither alleged nor proved on a balance of probabilities that the respondents would be unable to compensate him for any loss. Since damages would be an adequate remedy and the balance of convenience favoured the respondents, no injunction could issue over that parcel.

p. 2
02

Whether a temporary injunction should issue over LR. NO. Bahati/Kabatini Block1/10567

Holding

Granted; a prima facie case with likelihood of success was established over that parcel, a position the respondents' counsel appeared to concede in submissions

Reasoning

Applying the Giella principles, the court found a prima facie case with a probability of success in respect of parcel 10567. The respondents' counsel appeared to concede this in their submissions. The court therefore allowed the application only to the extent that the temporary injunction would relate solely to that parcel and restrained the defendants and their agents from dealing adversely with it pending determination of the suit.

p. 2

Legal principles established

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  • An applicant for a temporary injunction must show a prima facie case with probability of success; the injunction will not normally issue unless damages would be inadequate; if in doubt, the balance of convenience applies
  • Where the loss claimed is measurable in monetary terms and there is no proof the respondent cannot pay, irreparable harm is not established

Court orders

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  1. 1.Temporary injunction restraining the defendants, their agents, employees, servants, representatives and persons claiming under them from selling, charging, leasing, trespassing onto, remaining on, further developing or dealing adversely with LR. NO. Bahati/Kabatini Block1/10567 measuring approximately 0.0470 Ha
  2. 2.The temporary orders relate only to parcel number 10567 and not to parcel 10568
  3. 3.Each party to bear own costs

Authorities

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Legislation

  • Civil Procedure ActSections 1A, 1B, 3A
  • Civil Procedure RulesOrder 40 Rule 1; Order 51 Rule 1

Cases cited (2)

  • Giella v Cassman Brown & Co. Ltd
    [1973] EA 358
  • Nguruman Ltd v Jan Bonde Nielson
    C.A.77/2012
Jurisdiction invoked
Sections 1A, 1B, 3A of the Civil Procedure Act, Order 40 Rule 1 and Order 51 Rule 1 of the Civil Procedure Rules

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, "Nderitu v Kironji & another (Sued as Representatives/Trustee of Life Transformation Centre) (Environment and Land Case E142 of 2025) [2025] KEMC 352 (KLR)", Case Analysis (2025). Not stated in the excerpt. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2025/352/eng@2025-12-04

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