• The judges stated their satisfaction that unless the orders sought were granted, Mokal would likely invade the property and interfere with the company's operations.
• Mokul Investments was also barred from cutting down or removing trees from the land.
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A Nakuru Court has issued temporary orders restraining Mokal Investment Limited from entering or in any way dealing with land occupied by Ekaterra Tea Kenya Company.
Appellate Judges Daniel Musinga, Fred Ochieng and Fatuma Sichale also barred Mokal from cutting down or removing trees from the land.
The orders were issued pending the hearing and determination of an appeal following a judgement by the Environment and Land Court in Kericho, where Ekaterra Tea had sought similar orders.
It moved to the Lands Court following an incident on October 6, 2022, when Mokal invaded the land and started cutting down trees.
The court however dismissed its application prompting the tea company to move to the Court of Appeal.
An affidavit filed to support the application of the orders stated that Ekaterra Tea is the registered owner of the land in suit, including portions excised from it.
It further said it had been in lawful possession of the land since 1995, pointing out that it had extensively developed it by planting tea bushes and trees.
It added that Mokal held an invalid title over the land and that the intended appeal is arguable on various grounds.
The tea company's counsel was apprehensive that in the case the court failed to grant the orders, the operations at the farm would be interrupted and the over 280 employees rendered jobless.
Mokal however opposed the application saying the appeal was not arguable because the disputed land was not in existence.
The firm said it was in occupation of a different land which no orders had been sought.
Mokal said it was in land was LR NO 9932/7 while Ekaterra Tea sought orders for LR NO 9932/2.
The firm's counsel urged the court to dismiss the application.
The Chief Land Registrar who was also listed as a respondent in the application opposed it submitting that the tea company had not exhibited an official search to show that it was the registered owner of the land.
After going through the application, the three-judge bench found that the company had satisfied the principles for granting the orders sought.
These include prima facie (presumed) evidence and that if not granted, irreparable losses will be suffered.
The court found that there was apparent evidence that Ekaterra was in occupation of the land, part of which has houses for workers and other tea bushes.
Further, the judges stated their satisfaction that unless the orders sought were granted, Mokal would likely invade the property and interfere with the company's operations.
This, they added, would make the appeal null.
"Since the applicant has satisfied both limbs of the twin principles for grant of an interlocutory injunction, we hereby allow this application," the court document dated October 27, read.