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Case Brief · caselaw.co.ke
ELCDismissedEnvironment and Land Miscellaneous Application 72 of 2015

Korir v Chepkwony

Environment and Land Court
1 October 2026
3,447 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~14 min to read original · ~4 min brief

The bottom line

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A Kericho court refused to stop dealings over disputed tea land, ruling that money can compensate the buyer's claimed loss while the main case continues.

What this practically means

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Executive summary

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This ruling by the Environment and Land Court at Kericho (L. A. Omollo, J) disposed of the plaintiff's Notice of Motion dated 31st July 2025, brought under Sections 1A, 1B and 3A of the Civil Procedure Act and Order 40 Rule 1 of the Civil Procedure Rules, in a pending adverse possession suit over a two-acre portion of Kericho/Litein/560. The applicant, who claimed to have purchased the portion in 1986, taken possession and planted tea, sought temporary injunctions restraining encroachment and dealings with the parent parcel and its subdivisions (Kericho/Litein/2742 and 2743), and cancellation of the mutation entry No. 4 registered on 21st February 2023. The defendant, the registered proprietor, denied the applicant's possession, pleaded laches, prior litigation including a Land Dispute Tribunal award adopted in court, and reliance on his registered title under the Land Registration Act. Applying Giella v Cassman Brown, Mrao and Nguruman, the court found the applicant had established a prima facie case, his sale agreement and photographs evidencing an interest in the land. However, he failed to demonstrate irreparable injury not compensable by damages, his claim being one of economic loss, and the contested question of possession meant the balance of convenience did not tilt in his favour. The prayer to cancel entry No. 4 was refused as a final order not grantable at an interlocutory stage, and no submissions were made on it. The application was dismissed with costs, with the substantive adverse possession claim left for the main hearing.

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/Applicant has met the criteria for grant of an order of temporary injunction pending the hearing and determination of this suit
  2. 2.Whether entry No. 4 on the register for land parcel No. Kericho/Litein/560 should be cancelled
  3. 3.Who should bear costs of the application

Key legal issues

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01

Whether the applicant established a prima facie case

Holding

Yes - the documents attached showed an interest in the suit parcel

Reasoning

The applicant attached a handwritten sale agreement of 19th September 1986 for a two-acre portion of Kericho/Litein/560 and photographs of tea planted. It is not disputed the defendant is the registered owner. From the documents the court found the applicant has an interest in the land, sufficient to establish a prima facie case, with the nature and extent of that interest left for the main hearing.

p. 6
02

Whether the applicant demonstrated irreparable injury

Holding

No - alleged economic loss is compensable by damages

Reasoning

Relying on Nguruman and Kogo, the court held the applicant must demonstrate actual, substantial and demonstrable injury that damages cannot adequately compensate. The applicant only submitted he would suffer economic loss if the prayers were not granted, which falls short of the threshold; speculative injury or measurable economic loss does not satisfy the second Giella condition.

p. 7
03

Balance of convenience

Holding

It does not tilt in the applicant's favour

Reasoning

Because possession of the suit parcel is hotly contested - the applicant claims possession since December 1986 while the defendant depones he has always been in possession to the exclusion of the applicant - the court held the possession question is best addressed at the main hearing, and on the material before it the balance of convenience did not favour the applicant.

p. 8
04

Whether entry No. 4 on the register should be cancelled

Holding

No - it is a final order not grantable at an interlocutory stage

Reasoning

The applicant sought cancellation of the mutation entry registered on 21st February 2023. Neither party made submissions on this prayer. The court held the prayer is in the nature of a final order and cannot be granted at the preliminary stage of proceedings, effectively deferring or refusing it without merits analysis.

p. 8

Legal principles established

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  • Conditions for grant of interlocutory injunctions: prima facie case with probability of success, irreparable injury not compensable by damages, and balance of convenience
  • Costs follow the event unless the court for good reason directs otherwise

Court orders

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  1. 1.The Plaintiff/Applicant's Notice of Motion application dated 31st July, 2025 is dismissed with costs

The bench

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

majority

Wrote the judgment

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

Relief refused

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Temporary injunction restraining encroachment, cultivation and interference with the two-acre portion of Kericho/Litein/560

Applicant failed to demonstrate irreparable injury not compensable by damages; balance of convenience did not tilt in his favour

p. 7

Temporary injunction restraining dealings in Kericho/Litein/560 and subdivisions Kericho/Litein/2742 and 2743

Same failure on the Giella criteria

p. 8

Cancellation/revocation of entry No. 4 registered on 21st February 2023 (mutation of title)

It is a final order which cannot be granted at a preliminary stage; no submissions were made on it

p. 8

Costs

Application dismissed with costs to the Defendant

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.

Taking the foregoing into consideration, I nd that the Plainti/Applicant's Notice of Motion application dated 31st July, 2025 lacks merit and it is hereby dismissed with costs.
p. 8Disposition - dismissal of the application
It is therefore this Court's view that that the Plainti/Applicant has established a prima facie case.
p. 6Prima facie case established
the Plainti/Applicant has not demonstrated that he will suerirreparable damage which cannot be adequately compensated by way of damages if the orders sought are not granted
p. 7Failure on irreparable injury
Given the said circumstances, it is my view that the balance of convenience does not tilt in favour of the Plainti/Applicant.
p. 8Balance of convenience
It is my view that the said prayer is in the nature of a nal order which cannot be granted at this preliminary stage of the proceedings.
p. 8Cancellation of register entry is a final order

Issues in the judgment

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minor

Paragraph numbering duplicated - two paragraphs numbered 4

minor

Typographical run-together in key holding

minor

Prayer referenced as (6) though listed as (f) in the application

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, "Korir v Chepkwony", Case Analysis (2026). Environment and Land Miscellaneous Application 72 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/6127/eng@2026-10-01

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