Saleri v Chief Land Registrar & another (Land Case E009 of 2025) [2025] KEELC 5792 (KLR) (Environment and Land) (30 July 2025) (Ruling)

Summary at a glance

Facts

Saleri and Vincent Juma Loseghu purchased 20-hectare land from John Shiundu Okumu in 2000. The Respondents allocated and issued title deeds to other parties on the same land, whom Saleri claims are not entitled to.

Issues

• Whether Saleri has established a prima facie case for the grant of a temporary injunction.
• Whether the court should balance the convenience of the parties and public interest in granting the injunction.

Reasoning

The court applies the Giella v Cassman Brown test for granting temporary injunctions, finding that Saleri has met the first two limbs of the test.

Outcome

The application is granted.

Orders

• Temporary injunction against the Respondents to prevent eviction, interference, sale, alienation, or dealing with the specified plots.
• Service of the injunction by substituted service within 14 days.
• Defendants to file and serve their defence and other documents within 21 days.
• Matter listed for pre-trial conference on September 23, 2025.
• Each party to bear their own costs.

Remedies

• Temporary injunction

Authorities cited