Kirui v Koros & another (Environment and Land Case E021 of 2025) [2026] KEELC 2793 (KLR) (7 May 2026) (Ruling)
- Court
- Environment and Land Court
- Case number
- 2793
- Citation
- [2026] KEELC 2793 (KLR)
- Decided
- 7 May 2026
- Judge
- LA Omollo
- Parties
- raw · defendants · plaintiffs
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand Registration ActPostureInterlocutory application for a restriction on landCoramLA Omollo
Holding
The application is granted in the interim, a restriction is placed on Kericho/Chemoiben/2670 to prevent any further dealings on the property until the transfer and registration process is completed.
Facts
The Plaintiff/Applicant seeks a restriction on land Kericho/Chemoiben/2670 pending the transfer and registration process. The Plaintiff/Applicant claims a valid written sale agreement, proof of payment, and the 1st Defendant/Respondent's refusal to transfer the land.
Issues
- Whether the Applicant has established a prima facie case to warrant the grant of a restriction.
- Whether a restriction can lawfully be placed over the entire parcel even where the Applicant purchased only a portion thereof.
- Whether the preservation of the suit property pending hearing is necessary to prevent injustice.
- Whether the Applicant is entitled to costs of the application.
Reasoning
The Court finds that the application has merit and that a restriction should be placed pending the hearing and determination of the suit.
Outcome
Interim order granted
Orders
- A restriction is placed on Kericho/Chemoiben/2670 to prevent any further dealings on the property until the transfer and registration process is completed.
Remedies
- Interim order granting a restriction
Authorities cited
Legislation (2)
- Land Registration Act
- Civil Procedure Act
Cases cited (2)
- Mrao Ltd vs First American Bank of Kenya Ltd & 2 Others
- David Macharia Kinyuru vs District Land Registrar, Naivasha & another
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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