Philip v Bakora (Land Case 34 of 2025) [2025] KEELC 8070 (KLR) (20 November 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 8070
- Citation
- [2025] KEELC 8070 (KLR)
- Decided
- 20 November 2025
The court allows the application for an injunction restraining the plaintiff from continuing construction on the disputed land and from making any alterations on the land until the case is heard and determined.
Facts
The plaintiff sold a portion of land to the defendant for Kshs. 1,200,000/=, but later the defendant claimed he sold a second portion of the land for Kshs. 1,011,500/=, which the plaintiff disputes. The defendant built a storey building on the land and the plaintiff claims the defendant is now constructing on his portion without permission.
Issues
- Whether the defendant sold a second portion of the land to the plaintiff
- Whether the plaintiff can be restrained from continuing construction on the disputed land
Reasoning
The court found that there is a dispute over the sale of a second portion of the land and that the plaintiff has demonstrated prima facie that the second agreement was rescinded. The court also found that the balance of convenience tilts towards maintaining the land in its current state without further developments.
Outcome
The plaintiff is restrained from continuing construction on the disputed land and from making any alterations on the land until the case is heard and determined.
Orders
- The plaintiff is restrained from continuing construction on the disputed land and from making any alterations on the land until the case is heard and determined.
- The plaintiff is stopped by an order of injunction from interfering with the possession of the defendant/applicant of the second portion of land in dispute.
Remedies
- Injunction
Loading judgment…