Thiani v Kedong Ranch Limited & 6 others (Environment and Land Case E006 of 2025) [2025] KEELC 5133 (KLR) (Environment and Land) (10 July 2025) (Ruling)

Summary at a glance

Facts

The Plaintiff, Sarah Naomi Wairimu Thiani, had paid a deposit of Kshs. 452,880,000/= for a land parcel measuring approximately 44.4 acres. She was allocated only 2.32 acres, while the majority shareholder of the 1st Respondent, the 2nd Respondent, was allocated 42.08 acres. The Plaintiff claims irreparable loss if the land is disposed of.

Issues

• Whether the Plaintiff has established a prima facie case to enable the court to grant the interlocutory injunctive orders sought.
• Whether the balance of convenience tilts in favor of the Plaintiff or the 1st Respondent.

Reasoning

The court found that the Plaintiff had established a prima facie case with a high probability of success, and the balance of convenience tilted in her favor. The court also noted that the Plaintiff would not suffer irreparable loss if the orders were not granted.

Outcome

The Plaintiff's application for interim injunctive orders was granted.

Orders

• Interim injunctive orders against the 1st and 2nd Respondents to restrain them from dealing with the land pending the hearing and determination of the suit.

Remedies

• Interim injunctive orders

Authorities cited