Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
MagistrateAllowedNot stated in the judgment· [2026] KEMC 733 (KLR)

Wanjala & another v Branch Microfinance Ltd (Formerly Century Microfinance Bank Ltd) (Civil Suit E503 of 2025) [2026] KEMC 733 (KLR)

Magistrates' Court (Environment and Land jurisdiction), Bungoma
29 January 2026
3,459 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~14 min to read original · ~4 min brief

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

#
The Applicants, borrowers from Century Microfinance Bank Limited (later acquired by Branch Microfinance Bank Limited), moved the court under a Certificate of Urgency seeking a temporary injunction restraining the Defendant/Respondent from selling or auctioning land parcels East Bukusu/South Kanduyi/13695 and East Bukusu/South Kanduyi/1232, and an order compelling the Respondent to supply loan account statements. They admitted the loans but disputed the Respondent's computation of arrears and contended they lacked sufficient notice of the acquisition of Century by Branch. The Respondent, through a Replying Affidavit of Stephen Karanja, opposed the application as frivolous and premature, noting it had only issued the 90-day statutory notice and that damages would be an adequate remedy. The court framed a single issue: whether the application was merited. Applying the Giella and Nguruman principles, it found the Applicants had established a prima facie case because the disputes over the acquisition notice and loan computations shifted the evidential burden to the Respondent and could only be resolved at trial. On irreparable injury, the court held that loss of unique land may not be adequately compensated by damages, distinguished the Kitur line of authority relied on by the Respondent, and followed Joseph Siro Mosioma on damages not being an automatic substitute for injunction. The balance of convenience therefore favoured the Applicants. The court granted the injunction pending the hearing and determination of the suit, ordered supply of loan statements forthwith, restrained the Applicants from dealing with the suit properties inimically to the Respondent's statutory power of sale, directed compliance with Order 11 within 30 days, barred adjournments at the hearing, and ordered that costs of the application abide the outcome of the main suit.

Key legal issues

#
01

Whether the Applicants established a prima facie case

Holding

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.

Reasoning

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.

p. 10
02

Whether the Applicants would suffer irreparable injury absent an injunction

Holding

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.

Reasoning

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.

p. 13
03

Where the balance of convenience lies

Holding

It tilts in favour of the Applicants, having satisfied the first two limbs.

Reasoning

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.

p. 13

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. 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. 2.The Defendant/Respondent is ordered to supply the Plaintiffs/Applicants with their loan account statements forthwith
  3. 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. 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. 5.The court will not entertain any adjournments during the hearing of the matter to avoid abuse of the injunctive order
  6. 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.