Automated Summary
Key Facts
This Environment and Land Court case (Land Case E570 of 2025) involved a dispute over L.R. No. 29976, registered to the Kibra Nubian Community Land Trust (KNCLT). The Applicants, six family members claiming communal ownership, sought a temporary injunction to halt construction by Respondents. The Respondents argued the Applicants lacked standing as non-owners and unrepresented by KNCLT. The court ruled the Applicants failed to establish a prima facie case due to lack of standing, dismissing the application with costs.
Issues
The court determined that the Applicants lacked standing as they were not the registered owners of the land (held by Kibra Nubian Community Land Trust) and therefore failed to establish a prima facie case for the grant of an injunction. The application was dismissed.
Holdings
The court dismissed the application for a temporary injunction because the applicants failed to establish a prima facie case with a probability of success and lacked standing, as they were not the registered owners of the land or authorized representatives of the Kibra Nubian Community Land Trust (KNCLT), which is the registered proprietor.
Remedies
The court dismissed the application with costs, finding that the applicants failed to establish a prima facie case with a probability of success regarding the land dispute.
Legal Principles
- The court applied the established principles for granting an interim injunction as set out in Giella v Cassman Brown & Co Ltd 1973 EA 358, requiring a prima facie case with probability of success, irreparable harm without adequate damages, and balance of convenience. The applicants failed to establish a prima facie case, leading to dismissal of the injunction application.
- The court held applicants lacked locus standi (standing to sue) because land was registered under Kibra Nubian Community Land Trust, and applicants were neither registered proprietors nor authorized representatives. This fundamental jurisdictional requirement was unmet, necessitating dismissal of the application.
Precedent Name
- Mrao Ltd v First American Bank of Kenya Ltd & 2 Others
- Commercial Finance Co. Ltd v Afraha Education Society & Others
- Giella v Cassman Brown & Co Ltd
- Nguruman Limited v Jan Bonde Nielsen & 2 Others
Cited Statute
Civil Procedure Act
Judge Name
T. Murigi
Passage Text
- The upshot of the foregoing is that the application dated 30th October 2025 is devoid of merit and the same is hereby dismissed with costs.
- Locus standi goes to the jurisdiction of the court to entertain the Applicant's claim. In the matter at hand, it is not in dispute that the suit property is registered in the name of the Kibra Nubian Community Trust. The Applicants are neither the registered proprietors nor have they shown that they are a trustee or authorized representative of the trust. It is well settled that where land is registered in the name of a trust or other legal entity, any proceedings relating to such land must be instituted by the entity itself or by a person duly authorized.
- Based on the material on record, I find that the Applicants have not established a prima facie case with a probability of success.