Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCDismissedNot stated in the judgment (Notice of Motion dated 5th April 2025)

Uyoga v Ali & another (Environment and Land Case E222 of 2025) [2026] KEELC 3000 (KLR)

Environment and Land Court
15 May 2026
1,714 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

#

The Environment and Land Court refused a temporary injunction over a Matumbato house because the applicant could not prove his lease was still valid.

What this practically means

#

Executive summary

#
This is a ruling on a Notice of Motion dated 5th April 2025 by the Plaintiff/Applicant, brought under Sections 1A, 1B and 3A of the Civil Procedure Act and Orders 40 and 51 of the Civil Procedure Rules, seeking a temporary injunction restraining the 1st Defendant from trespassing onto, occupying or interfering with House No. 33 Matumbato Estate on LR No. 209/6507, an eviction order, police enforcement, and costs. The Applicant, Zedekiah O. Uyoga, asserted he was the lawful lessee under a lease entered into with the 2nd Defendant and renewed in March 2020 for ten years expiring on 28th February 2030, and that the 1st Defendant unlawfully occupied the property and threatened him with violence. The 2nd Defendant, through the Replying Affidavit of its CEO Isaac Sila, opposed the application as an abuse of process, citing multiple prior suits over the same property (including Milimani MCCC No. E2062 of 2023, where the Applicant's application was dismissed for failure to establish a prima facie case or a valid lease, and Nairobi ELC Appeal No. E09 of 2023, dismissed for non-compliance), and asserting the lease was for six years only, expired in 2016, prohibited subletting without consent, and that the Applicant was not in occupation. Framing the sole issue as whether the Applicant met the threshold for temporary injunctive relief, the Court applied Giella v Cassman Brown and Nguruman Ltd v Jan Bonde Nielsen. It held, without making definitive findings, that the Applicant had not demonstrated a clear and enforceable right, the lease's validity being contested and determinable only at full trial, and that no prima facie case with a probability of success was established. The application was dismissed with costs to the 2nd Defendant, costs following the event under Section 27 of the Civil Procedure Act.

Questions the Court framed

#

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

  1. 1.Whether the Plaintiff/Applicant has met the threshold for the grant of the temporary injunctive orders sought

Key legal issues

#
01

Whether the Plaintiff/Applicant met the threshold for temporary injunctive orders under Order 40 of the Civil Procedure Rules

Holding

The application was dismissed: the Applicant failed to demonstrate a prima facie case with a probability of success because the validity and subsistence of the lease he relied upon remained contested and unresolved at the interlocutory stage.

Reasoning

The Applicant claimed to be a lawful lessee whose lease was renewed in March 2020 to run to 28th February 2030. The 2nd Defendant disputed any valid renewal, contending the lease was for six years only and expired in 2016, that subletting was prohibited without consent, and that the Applicant was not in occupation. The Court also noted prior suits over the same property. Without making definitive findings, the Court held the Applicant had not shown a clear and enforceable right capable of protection by interlocutory injunction.

p. 4
02

Costs of the application

Holding

Costs were awarded to the 2nd Defendant/Respondent, the Court finding no reason to depart from the general rule that costs follow the event.

Reasoning

The Court invoked Section 27 of the Civil Procedure Act, under which costs follow the event unless the Court for good reason orders otherwise. Having found the Applicant failed to satisfy the threshold for interlocutory injunctive relief, the Court saw no reason to depart from that rule.

p. 4

Legal principles established

#
  • The grant of an interlocutory injunction requires the applicant to establish a prima facie case with a probability of success, irreparable injury not compensable in damages, and, if in doubt, the balance of convenience
  • The party claiming a prima facie case must show a clear and unmistakable right directly threatened by the act sought to be restrained

Court orders

#
  1. 1.The Notice of Motion Application dated 5th April 2025 is dismissed with costs to the 2nd Defendant/Respondent

The bench

#

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

Wrote the judgment

Jurisdiction invoked
Sections 1A, 1B and 3A of the Civil Procedure Act and Order 40 and Order 51 Rule 1 of the Civil Procedure Rules

Relief refused

#

Temporary injunction restraining the 1st Defendant from trespassing onto, occupying, alienating or interfering with House No. 33 Matumbato Estate (LR No. 209/6507)

The Applicant failed to establish a prima facie case with a probability of success; the validity and subsistence of the lease remains contested and can only be determined at full hearing

p. 4

Eviction order against the 1st Defendant and order directing the OCS Capitol Hill Police Station to enforce compliance

These ancillary orders stood or fell with the injunction, which failed for want of a prima facie case

p. 4

Costs

Costs of the Application to the 2nd Defendant/Respondent, costs following the event under Section 27 of the Civil Procedure Act

Quotable passages

#

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

In the upshot, the Notice of Motion Application dated 5th April 2025 lacks merit and the same is hereby dismissed with costs to the 2nd Defendant/Respondent.
p. 4Final orders - dismissal of the application
this Court is not persuaded that the Plaintifi/Applicant has demonstrated a clear and enforceable right capable of protection through an interlocutory injunction
p. 4Failure to establish a prima facie case
The validity and subsistence of the lease relied upon by the Plaintifi/Applicant remains contested and can only be conclusively determined upon a full hearing of the suit.
p. 4Interlocutory stage - no definitive findings on the lease
First, an applicant must show a prima facie case with a probability of success. Secondly, an interlocutory injunction will not normally be granted unless the applicant might otherwise sufier irreparable injury, which would not adequately be compensated by an award of damages. Thirdly, if the court is in doubt, it will decide an application on the balance of convenience.
p. 3Giella v Cassman Brown principles for interlocutory injunctions

Issues in the judgment

#
minor

The judgment inconsistently dates the lease agreement, stating 10th March 2010 in the grounds and affidavit summary but 15th March 2010 in the Respondent's averment and analysis

minor

The parties are referred to only as '1st Defendant/Respondent' and '2nd Defendant/Respondent' without their full names being stated anywhere in the judgment

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Uyoga v Ali & another (Environment and Land Case E222 of 2025) [2026] KEELC 3000 (KLR)", Case Analysis (2026). Not stated in the judgment (Notice of Motion dated 5th April 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3000/eng@2026-05-15

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