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ELCOtherELC Case No. E007 of 2025

Githere (Suing as the Personal Representative of the Estate of John Moffatt Githere) v Scion Healthcare Limited & 3 others (Land Case E007 of 2025) [2025] KEELC 6414 (KLR)

Environment and Land Court
29 September 2025
2,360 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~9 min to read original · ~4 min brief

The bottom line

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What this practically means

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Executive summary

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The Plaintiff, Nancy Njoki Githere, moved the Environment and Land Court at Nairobi by Notice of Motion dated 14th January 2025 seeking interlocutory injunctions to restrain the 1st Defendant from trespassing on and operating a business on LR No. 209/11026, and to restrain the 1st and 2nd Defendants from alienating, selling or transferring the property pending the hearing of her suit. She claimed ownership as administrator of the estate of her late husband pursuant to a Grant in Kiambu Succession Cause No. 405 of 1993, explaining that the original title and Assent were lost at the Land Registry and she obtained a provisional title in 2023. She discovered a competing title registered to the 1st Defendant, which had constructed a five-floor commercial hospital on the land, and a Charge in favour of the 2nd Defendant bank securing credit facilities. The 1st and 2nd Defendants opposed, asserting due diligence, lawful registration and that damages would suffice; the 2nd Defendant also challenged the Plaintiff's locus standi. The court, Christine Ochieng J, rejected the locus objection, holding the Amended Certificate for Confirmation of Grant confirmed the Plaintiff as administrator. Applying Giella v Cassman Brown and Mrao, she found the Plaintiff had established a prima facie case but declined the injunction because there were two competing titles and the 1st Defendant was in possession, so an injunction would amount to an eviction. The application was 'compromised': the court ordered maintenance of the status quo, no further developments or dealings on the two titles, and each party to bear their own costs. The matter is to be set down for hearing expeditiously.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Plaintiff has met the threshold to warrant the issuance of an interlocutory injunction to restrain the Defendants from the suit property pending the outcome of this suit
  2. 2.Whether the Plaintiff has locus standi to institute the suit on behalf of the estate of her late husband

Key legal issues

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01

Whether the Plaintiff established a prima facie case for an interlocutory injunction

Holding

The Plaintiff established a prima facie case, but the injunction was refused because of competing titles and the 1st Defendant's possession

Reasoning

The court applied the Giella v Cassman Brown principles and the Mrao definition of a prima facie case. The Plaintiff demonstrated a Grant and a provisional title over LR No. 209/11026. However, the 1st Defendant also holds a title and is in possession operating a hospital, which is charged to the 2nd Defendant. Granting an injunction would effectively evict the 1st Defendant and invalidate the Charge, so the court opted for maintenance of the status quo pending full hearing.

p. 5
02

Whether the Plaintiff had locus standi to sue on behalf of the estate

Holding

The Plaintiff, as administrator named in the Amended Certificate for Confirmation of Grant, had locus standi

Reasoning

The 2nd Defendant argued the Plaintiff had not exhibited a grant of representation to sue for the estate. The court found that annexure 'NNG 2', the Amended Certificate for Confirmation of Grant in Kiambu Succession Cause No. 405 of 1993, confirmed Nancy Njoki Githere as administrator of the estate of John Mofiat Githere, and rejected the objection.

p. 4

Legal principles established

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  • Where two competing titles exist over suit property and the defendant is in possession, an interlocutory injunction would amount to an eviction; the appropriate course is maintenance of the status quo and expeditious hearing
  • An administrator named in an Amended Certificate for Confirmation of Grant has locus standi to institute a suit concerning estate property

Court orders

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  1. 1.Obtaining Status Quo be maintained where no party should interfere with the person in possession of the suit property
  2. 2.There should be no further developments on the suit property nor dealings on the two titles
  3. 3.Each party to bear their own costs

The bench

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One judgment of the whole court — no separate or dissenting opinions.

Wrote the judgment

Jurisdiction invoked
Original jurisdiction of the Environment and Land Court over land disputes; interlocutory application under the court's inherent powers

Relief refused

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Interlocutory injunction restraining the 1st Defendant from trespassing/operating a business on LR No. 209/11026 and restraining the 1st and 2nd Defendants from alienating, selling or transferring the property

There are two competing titles and the 1st Defendant is in possession operating a hospital; an injunction at this stage would amount to an eviction

p. 5

Costs

Each party to bear their own costs

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

Obtaining Status Quo be maintained where no party should interfere with the person in possession of the suit property. Further, there should be no further developments on the suit property nor dealings on the two titles.
p. 5Final orders - status quo pending hearing
Looking at the documents presented by both the Plaintifi and 1st Defendant, it seems there are two competing titles over the suit property.
p. 4Finding of competing titles
I wish to rely on the principles espoused in the case of Giella v Cassman Brown (1973) EA 358 as well as the description of a prima facie case as stated in the case of Mrao Ltd v First American Bank Limited (2003) eKLR.
p. 4Test for interlocutory injunction
Each party to bear their own costs.
p. 5Costs

Issues in the judgment

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minor

Defendants are not named in the judgment text; only their numerical roles (1st, 2nd, 3rd, 4th Defendant) appear, though officers of the 1st and 2nd Defendants are named

minor

Inconsistent status in coram: counsel Nyagaka appears 'for 1st Respondent' although the judgment is a first-instance suit with defendants, not respondents

minor

Gazette notice date inconsistency in the Plaintiff's averments: provisional certificate gazetted 11th October 2019 but application for replacement states title 'had been gazetted on 11th February 2022'

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Githere (Suing as the Personal Representative of the Estate of John Moffatt Githere) v Scion Healthcare Limited & 3 others (Land Case E007 of 2025) [2025] KEELC 6414 (KLR)", Case Analysis (2025). ELC Case No. E007 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6414/eng@2025-09-29

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.