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ELCPartially Allowed· [2025] KEELC 6951 (KLR)
David Nganga Njuguna (Suing as Legal Representative of the Estate of the Late Peter Njuguna Ngugi) v Menengai Hill Farmers & Marketing Cooperative Society Limited (Formerly Menengai Hill Farmers’ Co-operative Society Limited) & 2 others (Environment and Land Appeal E034 of 2025) [2025] KEELC 6951 (KLR)
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·~6 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#This ruling of the Environment and Land Court at Nakuru (M. A. Odeny, J) determines the Appellant/Applicant's Notice of Motion dated 12th June 2025 seeking a temporary injunction, or in the alternative conservatory/status quo orders, restraining the Respondents from entering, building on, selling, alienating or dealing with Plot Number 334 (now Dundori Block 10/334) pending the hearing of his appeal. The applicant's suit, Nakuru MCELC Case No E078 of 2025, had been struck out on 29th May 2025 for being sub-judice under Section 6 of the Civil Procedure Act, prompting a Memorandum of Appeal filed on 11th June 2025. The applicant argued the appeal was arguable and would be rendered nugatory, citing his possession of the land since 1996, reliance on a lessee, and threats of crop harvesting and eviction. The respondent countered that the appeal raised no arguable issues, that the applicant's benefit was fraudulently procured, and that he had engaged in forum shopping through multiple suits. The court identified the principles from Patricia Njeri v National Museum of Kenya and Charter House Investments, emphasising that injunction pending appeal is discretionary, balancing convenience and the risk of rendering the appeal nugatory. Finding the appellant in asserted possession and the appeal at a preliminary stage, the court held it imperative to preserve the substratum of the appeal. It granted an order of status quo pending the appeal, directed the appellant to file the Record of Appeal and fix the appeal for hearing within 45 days, and ordered costs of the application to abide the appeal's outcome. The injunction as framed was not granted in its full terms; the status quo order was the mode of preservation adopted.
Key legal issues
#01
Whether temporary injunction/conservatory/status quo orders pending appeal should issue under Order 42 Rule 6(6)
Holding
Yes, in the form of a status quo order, given the appellant's claimed possession and the need to preserve the appeal's substratum, coupled with conditions to expedite the appeal.
Reasoning
The court restated the Patricia Njeri and Charter House principles: injunction pending appeal is discretionary, refused where the appeal is frivolous or hardship outweighs benefit, and granted where refusal would render the appeal nugatory. At this preliminary stage, with possession asserted, preserving the suit land until the appeal is heard best serves the interest of justice, and filing the Record of Appeal within 45 days guards against delay.
p. 4
Legal principles established
#- In an application for injunction or status quo pending appeal, the court must balance the convenience of the parties and apply the lower risk of injury to avoid injustice.
- At an interlocutory stage the court should preserve the substratum of the appeal so it is not rendered nugatory.
Court orders
#- 1.An order of status quo to be maintained over land parcel Plot Number 334 (now Dundori Block 10/334) pending the hearing and determination of the Appeal
- 2.The Appellant to file the Record of Appeal and fix the Appeal for hearing within 45 days
- 3.Costs of the Application to abide by the outcome of the Appeal
- On appeal from
- Magistrates' Court (Environment and Land), Nakuru
- Nakuru MCELC Case No E078 of 2025
- Jurisdiction invoked
- Order 42 Rule 6(6) of the Civil Procedure Rules, 2010 (appellate jurisdiction to grant temporary injunction pending appeal)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "David Nganga Njuguna (Suing as Legal Representative of the Estate of the Late Peter Njuguna Ngugi) v Menengai Hill Farmers & Marketing Cooperative Society Limited (Formerly Menengai Hill Farmers’ Co-operative Society Limited) & 2 others (Environment and Land Appeal E034 of 2025) [2025] KEELC 6951 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6951/eng@2025-10-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.