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ELCPartially AllowedNot stated on the face of the judgment

Khasoha & 2 others v Nyokabi & 3 others; Wamunga & 4 others (Proposed Defendant) (Environment and Land Case E055 of 2021) [2026] KEELC 142 (KLR)

Environment and Land Court
22 January 2026
2,689 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~11 min to read original · ~4 min brief

The bottom line

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The Eldoret Land Court let a family add new parties to their land case but refused to freeze the disputed properties because they lacked documentary evidence.

What this practically means

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Executive summary

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This is a ruling of the Environment and Land Court at Eldoret on a Notice of Motion dated 21st October 2025 in which the plaintiffs/applicants, one of whom is an administratrix of the estate of the late Nicholas Kiptum Musidia, sought leave to amend their plaint to add five proposed defendants (four individuals and the Land Registrar, Uasin Gishu County) and a temporary injunction restraining the defendants from transferring, leasing, selling or otherwise dealing with nine parcels of land in Soy/Soy Block 10 (Navillus). The application was unopposed; the defendants were served but filed no response, and the court deemed the application unopposed and the annexures uncontroverted. The court framed three issues: leave to amend, temporary injunction, and costs. On the first issue, applying Order 8 Rule 3, the court held that amendment should be allowed where it causes no injustice, found the amendment introduced no new cause of action, and granted leave to add the proposed defendants, emphasising their right to a fair hearing. On the injunction, the court declined to restrain the proposed defendants in respect of parcels 1387 and 1450, since that would condemn them unheard, and proceeded against the 1st–4th defendants on the remaining parcels. Applying Giella v Cassman Brown as restated in Nguruman and Mrao, the court found no documentary evidence that the properties formed part of the deceased's estate or that transfer attempts existed, held that no prima facie case was established, and dismissed prayer (d). The application was declared partially merited; each party was ordered to bear their own costs.

Questions the Court framed

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

  1. 1.Whether the applicants have met the criteria for the grant of leave to amend the plaint.
  2. 2.Whether the applicants have met the requirements for the grant of an order of temporary injunction.
  3. 3.Who shall bear the costs of the application

Key legal issues

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01

Leave to amend plaint to add parties

Holding

Leave granted; the amendment did not introduce a new cause of action and was necessary for effective adjudication and fair hearing of the proposed defendants.

Reasoning

Order 8 Rule 3 permits amendment at any stage on just terms. The applicants discovered the identities of the proposed registered proprietors only upon conducting official searches. The draft amended plaint merely added the proposed defendants and outlined their proprietorship without introducing new issues prejudicial to the existing defendants. Including them was necessary for complete adjudication and to allow them to be heard before any adverse decision.

p. 4
02

Temporary injunction against the proposed defendants

Holding

Declined against the proposed defendants in respect of parcels 1450 and 1387 because they had not yet been heard.

Reasoning

Although leave to amend was granted, the proposed defendants had not had an opportunity to respond to the injunction application. Determining the injunctive prayer against them at that stage would condemn them unheard, offending the right to a fair hearing. The court therefore declined that prayer only against the proposed defendants and in respect of those two parcels.

p. 4
03

Temporary injunction against the 1st–4th defendants

Holding

Dismissed for failure to establish a prima facie case.

Reasoning

Applying Giella v Cassman Brown as restated in Nguruman, the applicants had to prove a prima facie case, irreparable injury and balance of convenience sequentially. Save for official searches of parcels 1450 and 1387, no documentary evidence showed the properties formed part of the deceased's estate, that the 1st–4th defendants were registered proprietors, or that there were attempts to transfer the titles. The claims amounted to unfounded fear and apprehension.

p. 6

Legal principles established

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  • Amendment of pleadings should be allowed if it can be made without causing injustice to the other party.
  • The three Giella v Cassman Brown principles for temporary injunction are separate hurdles to be proved sequentially; failure of the first disposes of the application.

Court orders

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  1. 1.Leave granted to the plaintiffs/applicants to amend their plaint and include the proposed defendants as parties in the suit (Elphas Shikuku Wamunga, Christopher Koech Cherogon, Paul Asai Akufana, Amukune Kubondo and Land Registrar Uasin Gishu County)
  2. 2.Plaintiffs/applicants directed to file and serve the amended plaint within 7 days from the date of the ruling
  3. 3.Corresponding leave granted to the defendants to amend their statement of defence within 14 days from the date of service if need be
  4. 4.Prayer No. (d) on temporary injunction dismissed
  5. 5.Each party to bear their own costs of the application

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Order 8 Rule 3 and Order 40(1)(2) of the Civil Procedure Rules; section 13(7)(a) of the Environment and Land Court Act, 2015

Relief refused

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Temporary injunction restraining the defendants from transferring, leasing, selling or dealing with the suit properties

The applicants failed to establish a prima facie case with a probability of success; no documentary evidence supported the claims that the properties formed part of the deceased's estate or that there were attempts to transfer them.

p. 6

Injunction against the proposed defendants in respect of parcels Soy/Soy Block 10 (Navillus)/1450 and 1387

The proposed defendants had not been given an opportunity to respond to the application, and determining it against them would amount to condemning them unheard.

p. 4

Costs

Each party to bear their own costs of the application.

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.

The general rule is that amendment should be allowed if it can be made without causing injustice to the other party.
p. 4Amendment of pleadings
The right to a fair hearing is the corner stone of the rule of law.
p. 4Fair hearing and joinder of necessary parties
The claims by the applicants thus amounts to unfounded fear and apprehension and is not suficient proof of their alleged claims of sale or transfer.
Evidentiary burden on injunction applicants
In view of the foregoing, it is the finding of this court that the Notice of Motion Application dated 21st October, 2025 is partially merited and is hereby allowed on the following terms:
p. 6Disposition
e. Each party to bear their own costs of the application.
p. 6Costs

Issues in the judgment

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minor

The case number of the suit is not stated anywhere in the judgment/ruling.

minor

The judgment refers to the application as made by 'the 1st plaintifi' alone in the affidavit, while the orders name 'Plaintiffs/Applicants'; the number of plaintiffs is not made explicit.

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, "Khasoha & 2 others v Nyokabi & 3 others; Wamunga & 4 others (Proposed Defendant) (Environment and Land Case E055 of 2021) [2026] KEELC 142 (KLR)", Case Analysis (2026). Not stated on the face of the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/142/eng@2026-01-22

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