Ghalia & 2 others v Kwale District Land Registrar & 5 others (Environment & Land Case E008 of 2021) [2025] KEELC 1173 (KLR)
The bottom line
#A Kwale court ordered the Adjudication Officer to produce key land objection records, allowing defendants to test a disputed 1974 land transfer.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Notice of Motion dated 13th February, 2025 is merited.
- 2.Who will bear the Costs of Notice of Motion application 13th February, 2025.
Key legal issues
#Whether the Notice of Motion dated 13th February, 2025 seeking witness summons to the Adjudication Officer is merited.
The application was allowed; the Adjudication Officer was ordered to produce the Objection Proceedings under Section 26(1) of the Land Adjudication Act.
The court anchored its decision on the constitutional guarantee of fair hearing under Articles 25(c), 47 and 50(1) & (2) and the audi alteram partem principle. It found the Objection Proceedings material to determining the legitimacy of the alleged 24th May 1974 transfer and alteration of the Adjudication Register, and that production would shade more light on the suit.
Costs of the application.
No orders as to costs despite the costs-follow-the-event principle.
The court recited the principle that costs follow the event under Section 27(1) of the Civil Procedure Act and the authorities on the successful party's entitlement to costs, but exercised its discretion not to award any costs.
Legal principles established
#- Costs follow the event and the successful party is typically entitled to costs unless there are compelling reasons to decide otherwise.
Court orders
#- 1.That the Notice of Motion application dated 13th February, 2025 be and is hereby found to have merit and is allowed.
- 2.That an order be and is hereby issued summoning the Adjudication Oficer-Kwale/Galu/Kinondo Adjudication Section to file and produce the Objection Proceedings carried out under Section 26(1) of the Land Adjudication Act Cap 284Laws of Kenya in respect of the parcel Kwale/Galu/Kinondo/665 during hearing slated for 13th March, 2025 or as shall the court otherwise determine.
- 3.That the part heard matter to proceed on 13th March, 2025 as scheduled.
- 4.That there shall be no orders as to costs.
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Section 22 of the Civil Procedure Act and Order 14 Rule 6 of the Civil Procedure Rules Cap 21 Laws of Kenya
Relief refused
#Costs of the application
The court elected not to award any costs despite the principle that costs follow the event.
Costs
That there shall be no orders as to costs.
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.
I therefore find merit in the Notice of Motion application dated 13th February, 2025. Thus, it is hereby allowed.
That there shall be no orders as to costs.
This court is keen to uphold and safeguard the principle of “fair hearing” under the provision of Article 25 (c); 47 and 50 (1) & 2) of the Constitution of Kenya, 2010; and “the right to be heard” which is anchored on the Latin Maxim principle of “Audi alteram parterm”
That an order be and is hereby issued summoning the Adjudication Oficer-Kwale/Galu/ Kinondo Adjudication Section to file and produce the Objection Proceedings carried out under Section 26(1) of the Land Adjudication Act Cap 284Laws of Kenya in respect of the parcel Kwale/Galu/Kinondo/665 during hearing slated for 13th March, 2025 or as shall the court otherwise determine.
Issues in the judgment
#The court discusses the balance of convenience and preservation of the suit land, which are not issues raised by the application or its relief sought.
The court refers to Section 27(1) of the Civil Procedure Rules Cap 21 in one passage and Section 27(1) of the Civil Procedure Act Cap 21 in another, an internal inconsistency.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ghalia & 2 others v Kwale District Land Registrar & 5 others (Environment & Land Case E008 of 2021) [2025] KEELC 1173 (KLR)", Case Analysis (2025). Notice of Motion application dated 13th February, 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/1173/eng@2025-03-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.