Njenga (Suing as the Administrator of the Estate of the Late Wilson Mwaura Njenga) v Wambugu (Sued in Person and also as an Administrator of the Estate of the Late John Peter Wambugu) (Environment and Land Case E105 of 2025) [2026] KEELC 1002 (KLR) (23 February 2026) (Ruling)

Facts

The Plaintiff, Njenga, is the Administrator of the Estate of the Late Wilson Mwaura Njenga. The Defendant, Wambugu, is the Administrator of the Estate of the Late John Peter Wambugu. The suit property is the subject of a subdivision and subsequent registration of titles in third parties' names.

Issues

1. Whether the Plaintiff has established a prima facie case to warrant the grant of temporary injunctions.
2. Whether the application being unopposed, the court should allow the application as prayed.

Reasoning

The court held that the Plaintiff has not demonstrated that he will suffer irreparable loss not capable of being compensated by damages if an order of injunction is not granted. The court also noted that the Plaintiff has not responded to the Defendant's replying affidavit, which raised fundamental issues.

Outcome

Dismissed with costs

Authorities cited