REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NANYUKI ELCLC NO. E008 OF 2026 JULIUS CAREY KINYUA KIBUI……………. …………….PLAINTIFF VERSUS FRANCIS GITONGA MUTEGI………………………..1ST DEFENDNT HADDY GITONGA MUCHANGI………..…………..2ND DEFENDANT THE LAND REGISTRAR, NANYUKI……………...3RD DEFENDANT RULING 1. Before me is a notice of motion application dated 30.4.26 filed contemporaneously with the suit. The plaintiff seeks orders of injunction restraining the defendants from dealing with the suit property Nanyuki Marura Block 11/23 (Kariunga).The application is premised on grounds on the face of the ELCLC NO. E008 OF 2026 [RULING] Page 1 of 4
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application and the supporting affidavit of the applicant. He avers that he is the registered owner of the suit property, but the 1st defendant acquired another title fraudulently. He further avers that the defendants have been making threats to dispossess him of the suit land. 2. The application was served but no response was filed. 3. This being an application for injunctive orders, the same shall be weighed against the requisite essentials set out in the celebrated case of Giella vs Cassman Brown (1973) EA 358 thus: “The conditions for the grant of an interlocutory injunction are now, I think, well settled in East Africa. First, an applicant must show a prima facie case with a probability of success. Secondly, an ELCLC NO. E008 OF 2026 interlocutory [RULING] injunction will not Page 2 of 4
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normally be granted unless the applicant might otherwise suffer irreparable injury, which would not adequately be compensated by an award of damages. Thirdly, if the court is in doubt, it will decide an application on the balance of convenience.” 4. A perusal of the documents availed by the plaintiff reveals that he has a title to the suit land. However the search certificate indicates that the land is registered in favour of the 1st defendant. The plaintiff has given a plausible account of how he has been utilizing the suit land where he has even built a dam to facilitate his farming and cattle rearing activities. To this end, I find that the plaintiff has met the threshold for issuance of the injunctive orders. 5. In the circumstances, the application dated 30.4.2026 is allowed but the injunctive orders shall ELCLC NO. E008 OF 2026 [RULING] Page 3 of 4
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remain in force for a period of ONE YEAR. Costs there of shall abide the outcome of the suit. DATED, SIGNED AND DELIVERED AT NANYUKI THIS 8TH DAY OF JULY 2026 THROUGH MICROSOFT TEAMS. LUCY N. MBUGUA JUDGE In the presence of: Nancy Mwangi – C/A Francis Mwangi for plaintiff Absent for respondent ELCLC NO. E008 OF 2026 [RULING] Page 4 of 4
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