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ELCAllowedNot stated in the judgment (ruling on notice of motion dated 29th September 2025, Malindi ELC)· [2026] KEELC 2803 (KLR)

Mwazama & 16 others v Fondo & 3 others (Land Case E137 of 2025) [2026] KEELC 2803 (KLR)

Environment and Land Court of Kenya
12 May 2026
MNMwangi Njoroge
954 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~4 min to read original · ~4 min brief

The bottom line

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A Malindi court blocked land buyers from interfering with disputed Kilifi plots, ruling that uncancelled titles gave owners a strong enough case to protect the land until trial.

What this practically means

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Executive summary

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The plaintiffs moved the Environment and Land Court at Malindi by notice of motion dated 29th September 2025 seeking a temporary injunction to restrain the defendants from interfering with thirteen parcels of land in Kilifi/Mwanda Mbalamweni. The plaintiffs claimed to be registered owners whose titles issued following land adjudication, and complained that the defendants were harassing them, entering the land, planting beacons and using goons while purporting to enforce an order of 3rd May 2025 in Malindi ELC E024 of 2021. The defendants, through the 3rd defendant's affidavit, opposed the motion, contending that the plaintiffs' titles had been cancelled by an Arbitration Tribunal in 2020 for fraud and illegality, that the award was adopted in Malindi ELC Misc Appl 24 of 2021 and its decree executed, that the plaintiffs participated in the arbitral proceedings, and that the suit was res judicata and brought after about five years' delay. The application was disposed of by written submissions. Applying the Giella v Cassman Brown principles, the court found the plaintiffs possessed titles not yet cancelled and a signed Adjudication Record, and that the process by which the defendants obtained second titles, apparently without due-process cancellation of the plaintiffs' titles, raised a triable issue. On irreparable harm, the court found a real risk of the land being disposed of to buyers, making recovery difficult. The court granted the injunction in terms of prayers 3 and 4, ordered costs in the cause, directed compliance with Order 11 and listed the matter for pre-trial on 16th June 2026.

Key legal issues

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01

Whether the plaintiffs demonstrated a prima facie case with a probability of success

Holding

Yes - the plaintiffs hold titles in their names and the signed Adjudication Record; the manner in which the defendants' titles were issued without apparent cancellation of the plaintiffs' titles raises a triable issue.

Reasoning

The court relied on section 26 of the Land Registration Act, which renders certificates of title prima facie evidence of absolute and indefeasible ownership. The plaintiffs possessed titles not yet cancelled. The court found the process by which the defendants obtained their titles of great interest, particularly if issued without due-process cancellation of the plaintiffs' titles, and held that this raised a triable issue amounting to a prima facie case.

p. 2
02

Whether the plaintiffs would suffer irreparable loss if the injunction is not granted

Holding

Yes - the plaintiffs have been utilising the land, face eviction, and the defendants appear to be seeking buyers, creating a real risk the land may be disposed of and not recoverable.

Reasoning

The court noted the plaintiffs' claim that they had been utilizing the suit land and would be denied such use if evicted. It also noted indications that the defendants were searching for buyers. Given the second set of titles issued to the defendants, the court found a real risk that the land could be lost through disposal and not easily recovered, satisfying the irreparable loss limb of Giella v Cassman Brown.

p. 2

Legal principles established

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  • A registered title under the Land Registration Act is prima facie evidence of absolute and indefeasible ownership, challengeable only on fraud, misrepresentation, illegality, unprocedural acquisition or corruption.
  • Where a plaintiff holds titles and shows a real risk that the land may be disposed of before trial, irreparable loss may be inferred and an interim injunction will issue.

Court orders

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  1. 1.Temporary injunction granted in terms of prayer 3 and 4 of the notice of motion dated 29th September 2025, restraining the defendants from interfering with the suit lands
  2. 2.Costs of the application to be in the cause
  3. 3.Plaintiffs to comply with Order 11 of the Civil Procedure Rules
  4. 4.Matter listed for pre-trial on 16th June 2026
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court (not expressly cited in the ruling)

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, "Mwazama & 16 others v Fondo & 3 others (Land Case E137 of 2025) [2026] KEELC 2803 (KLR)", Case Analysis (2026). Not stated in the judgment (ruling on notice of motion dated 29th September 2025, Malindi ELC). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2803/eng@2026-05-12

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