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ELCAllowedELC Case No. 26 of 2026· [2026] KEELC 5721 (KLR)

Philip Maiyo v Sammy Tarus

Environment and Land Court
24 September 2026
CYC. K. Yano
2,219 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~9 min to read original · ~4 min brief

The bottom line

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An Eldoret court blocked a man from entering or ploughing land he doesn't hold title to, confirming a title deed is strong proof of ownership.

What this practically means

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Executive summary

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The plaintiff, registered owner of parcel PIONEER/NGERIA BLOCK 1 (EATEC)/11119 measuring approximately 2.83 hectares, moved the Environment and Land Court at Eldoret by Notice of Motion dated 6th March 2026 seeking interim injunctions restraining the defendant from forceful entry, interference with boundaries and structures, ploughing or any activity on the land, plus police assistance and costs. He alleged that in February 2026 the defendant entered the land without consent, interfered with boundaries, commenced ploughing and intensified encroachment despite a demand letter, depriving him of his livelihood during the planting season. The defendant, in a replying affidavit sworn 19th May 2026, denied owning or occupying neighbouring land, denied trespass, contended the title deed alone was not conclusive proof of ownership without an official search, and alleged the orders were sought by concealment of material facts, the plaintiff suing him only because he is a son-in-law to a neighbour. The application was canvassed by written submissions; only the applicant filed submissions. Applying Giella v Cassman Brown as restated in Nguruman Limited v Jan Bonde Nielsen and the definition of a prima facie case in Mrao Ltd v First American Bank of Kenya, the court held the exhibited title deed was prima facie evidence of proprietorship, found the temporary injunction merited, and reserved the rival trespass claims for the full hearing. On costs, invoking Section 27 of the Civil Procedure Act, costs followed the event and were awarded to the applicant. The court granted the interim injunction, directed the OCS Langas Police Station to assist with compliance, and awarded costs to the applicant.

Key legal issues

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01

Whether the applicant met the Giella v Cassman Brown threshold for an interlocutory injunction

Holding

The application was allowed; the exhibited title deed established a prima facie case warranting the interim injunction.

Reasoning

The court applied the Giella v Cassman Brown principles as restated in Nguruman Limited v Jan Bonde Nielsen. The applicant exhibited a title deed in his name, which is prima facie evidence of proprietorship of the suit land. The court declined to belabour the rival claims of trespass, reserving them for the full hearing, but found on the material before it that the temporary injunction was merited.

p. 9
02

Who bears the costs of the application

Holding

Costs were awarded to the applicant as the successful party.

Reasoning

Relying on Section 27 of the Civil Procedure Act (Cap. 21), the court held that costs follow the event and that a successful party should ordinarily be awarded costs unless the court for good reason directs otherwise. Having found the applicant had proved his application to the required standard, the applicant was entitled to costs.

p. 9

Legal principles established

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  • Costs follow the event under Section 27 of the Civil Procedure Act; a successful party should ordinarily be awarded costs unless the court for good reason directs otherwise.
  • A registered title deed is prima facie evidence of proprietorship for purposes of establishing a prima facie case on an interlocutory injunction application.

Court orders

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  1. 1.An interim order of injunction pending the hearing and determination of the suit restraining the Respondent, his agents, servants, employees and/or assigns from forceful entry, interfering with boundaries, structures or developments, preparing/ploughing the land for planting, or dealing with parcel PIONEER/NGERIA BLOCK 1 (EATEC)/11119
  2. 2.The OCS Langas Police Station to assist in ensuring compliance with the orders
  3. 3.Costs of the application awarded to the applicant

Authorities

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Legislation

  • Civil Procedure Act (Cap. 21)Section 27

Cases cited (3)

  • Giella vs. Cassman Brown & Co. Ltd
    (1973) EA 358

    Principles for the grant of a temporary injunction.

  • Nguruman Limited vs. Jan Bonde Nielsen & 2 others
    [2014] eKLR

    Restated the three sequential conditions for interlocutory injunctions.

  • Mrao Ltd vs. First American Bank of Kenya and 2 Others
    (2003) KLR 125

    Definition of a prima facie case in civil applications.

Jurisdiction invoked
Original jurisdiction of the Environment and Land Court over land disputes (interlocutory application in a pending suit)

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, "Philip Maiyo v Sammy Tarus", Case Analysis (2026). ELC Case No. 26 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5721/eng@2026-09-24

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