Wanjala & another v Branch Microfinance Ltd (Formerly Century Microfinance Bank Ltd) (Civil Suit E503 of 2025) [2026] KEMC 733 (KLR)
The bottom line
#A Bungoma court stopped a microfinance bank from auctioning two Bungoma land parcels, holding that losing unique land can't be fixed with money.
What this practically means
#Executive summary
#Key legal issues
#Whether the Applicants established a prima facie case
Yes - by disputing the notice of the acquisition of Century by Branch and the Respondent's computation of the loan balances, the Applicants raised issues that shifted the evidential burden to the Respondent, establishing a prima facie case.
The court held that conflicting affidavit evidence on the sufficiency of the Central Bank of Kenya acquisition notice and the loan computations could only be resolved at trial after cross-examination. Since those disputes shifted the evidential burden to the Respondent, the Applicants had shown an apparent infringement of a right calling for explanation, meeting the Mrao standard.
Whether the Applicants would suffer irreparable injury absent an injunction
Yes - if not restrained, the Respondent would exercise its statutory power of sale and the Applicants would lose the suit properties, a loss that damages may not adequately compensate given the uniqueness of land.
The court rejected the argument that damages were adequate because the Respondent is a financial institution capable of paying, associating itself with the Joseph Siro Mosioma holding that damages are not an automatic remedy and a party cannot be condemned to damages in lieu of a crystallised right. Loss of unique land may never be adequately compensable, so failing to preserve the property could cause irreparable damage.
Where the balance of convenience lies
It tilts in favour of the Applicants, having satisfied the first two limbs.
Having found a prima facie case and irreparable injury, the court held that the balance of convenience necessarily favoured the Applicants, drawing on Paul Gitonga Wanjau on maintaining the status quo where a strong case or significant irreparable harm exists.
Legal principles established
#- Damages are not an automatic substitute for an injunction; a party cannot be condemned to take damages in lieu of a crystallised right protectable by injunction.
- Loss of land may constitute irreparable injury because damages may never adequately compensate for the loss of unique land.
- The financial strength of an institution does not justify refusing an injunction.
Court orders
#- 1.The Defendant/Respondent is restrained from selling and/or disposing by way of public auction the Plaintiffs/Applicants' land parcels East Bukusu/South Kanduyi/13695 and East Bukusu/South Kanduyi/1232 pending the hearing and determination of this suit
- 2.The Defendant/Respondent is ordered to supply the Plaintiffs/Applicants with their loan account statements forthwith
- 3.The Plaintiffs/Applicants are restrained from dealing with land parcels East Bukusu/South Kanduyi/13695 and East Bukusu/South Kanduyi/1232 in any manner inimical to the Defendant/Respondent's statutory power of sale
- 4.The parties are ordered to comply with Order 11 of the Civil Procedure Rules within 30 days from the date of the order
- 5.The court will not entertain any adjournments during the hearing of the matter to avoid abuse of the injunctive order
- 6.Costs of the Application shall abide the outcome of the main suit
- Jurisdiction invoked
- Sections 3, 3A and 63(e) of the Civil Procedure Act, Order 51(1) and Order 40(1) of the Civil Procedure Rules, and sections 89, 90, 91, 103 & 104 of the Land Act, 2012
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wanjala & another v Branch Microfinance Ltd (Formerly Century Microfinance Bank Ltd) (Civil Suit E503 of 2025) [2026] KEMC 733 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/733/eng@2026-01-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.