Abdi Juma Abdalla v Mohamed Fowzi Hassan Yusuf & 5 Others
The bottom line
#A Kenyan court refused to punish trustees for registering a trust during a land dispute, but joined the trust to the ongoing case.
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 5th and 6th defendants should be struck out of the suit and the proposed defendant – Maasai Lodge Road Mosque Trust Registered Trustees enjoined as a defendant
- 2.Whether the 5th and 6th Defendants are guilty of contempt of the orders issued on 20th March 2025
- 3.Whether the Court should order the deregistration of Maasai Lodge Road Mosque Trust Registered Trustees
Key legal issues
#Whether the 5th and 6th Defendants were improperly joined and should be struck out
They are not improperly joined; striking out refused
The Trust was incorporated after the suit was filed and after the acts complained of. At interlocutory stage the court cannot determine substantive liability through a joinder application, and the Trust's creation cannot retrospectively extinguish claims against the Defendants for acts done while bound by court orders.
Whether the 5th and 6th Defendants are in contempt of the order of 20th March 2025
Contempt not established
The applicable standard of proof is nearly beyond reasonable doubt. The injunction did not expressly prohibit incorporating a trust, and no evidence showed the Defendants used the Trust to interfere physically or legally with the suit property. Incorporation alone during pendency of the suit does not establish contempt.
Whether the Trust should be enjoined as a defendant
Yes, joined as 7th Defendant
Though incorporated after the suit was instituted, the Trust purports to have a claim over the suit property. Enjoining it allows that claim to be heard in the present suit and prevents a multiplicity of suits.
Authority of the 6th Defendant to swear an affidavit for the 5th Defendant
Treated as a technicality
Although there was no evidence of authority, the affidavit was sworn by the 6th Defendant who is himself a party, so the lapse was treated as a technicality under the applicable approach to procedural defects.
Legal principles established
#- The standard of proof in contempt proceedings is higher than the balance of probabilities, almost but not exactly beyond reasonable doubt
- Wilful disobedience of a judgment, decree or order constitutes contempt of court
- Creation of a trust after suit cannot retrospectively extinguish claims against defendants for acts done while bound by court orders
Court orders
#- 1.Maasai Lodge Road Mosque Trust Registered Trustees is to be enjoined as a 7th Defendant
- 2.The 5th and 6th Defendant are to remain as parties
- 3.The application dated 2nd February 2026 for contempt fails
- 4.Each party is to bear their own costs for the application
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Environment and Land Court jurisdiction over suits concerning land; interlocutory applications under Order 1 Rule 10(2) Civil Procedure Rules and contempt jurisdiction
Relief refused
#Striking out the 5th and 6th Defendants from the suit
Trust incorporated after suit and after complained-of acts; cannot retrospectively extinguish claims
Contempt citation, fine of Kshs. 1,000,000 and committal of the 5th and 6th Defendants
Standard of proof for contempt not met; injunction did not prohibit incorporation and no evidence of interference using the Trust
Deregistration of Maasai Lodge Road Mosque Trust Registered Trustees
Not granted; contempt application failed and no order for deregistration made
Costs
Each party is to bear their own costs for the application
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.
The creation of the Trust cannot retrospectively extinguish any claims against the Defendants, nor can it relieve them of responsibility, if ultimately established, for acts undertaken while bound by orders of this Court.
Contempt is not established merely because the Trust was incorporated during the pendency of the suit.
It is essential that this claim be heard in the present suit so as to prevent a multiplicity of suits thereafter. Consequently the Trust is to be enjoined as a Defendant.
a. Maasai Lodge Road Mosque Trust Registered Trustees is to be enjoined as a 7th Defendant. The 5th and 6th Defendant are to remain as parties.
c. Each party is to bear their own costs for the application
Issues in the judgment
#Deregistration issue framed but never expressly determined in the holdings or orders
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Abdi Juma Abdalla v Mohamed Fowzi Hassan Yusuf & 5 Others", Case Analysis (2026). ELC LC NO. E035 OF 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5850/eng@2026-09-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.