Al-Maddy v Ali & 4 others (Environment & Land Case 104 of 2022) [2023] KEELC 195 (KLR)
The bottom line
#A Mombasa court froze the current situation in a mosque trusteeship dispute, but declined the full injunction sought because key facts need a full trial.
What this practically means
#Executive summary
#Key legal issues
#Whether the Applicant established a prima facie case for interlocutory relief
The court found a prima facie case established on the material presented
Applying Giella v Cassman Brown and Mrao Ltd v First American Bank, the court considered the Applicant's averments that he is the registered owner of Mombasa/Block XI/129 and the rightful trustee, and that the Respondents were purporting to remove him as trustee and had subdivided, consolidated and encumbered the suit properties without his consent. The Respondents' assertion that the Applicant signed the May 1, 1988 Trust Deed was held to be a matter of evidence for trial. On this material a right apparently infringed was shown.
Whether the trust changes alleged by the Respondents could be resolved at the interlocutory stage
No - the dispute whether the Applicant was bound by the 1988 Trust Deed reducing trusteeship arrangements was a matter of evidence for full trial
The 2nd Respondent contended the Applicant was a signatory to the Trust Deed of May 1, 1988 and thus aware the number of trustees had changed to five. The court held that this contested factual question could only be determined at the full trial, and proceeded to assess the injunction criteria on the material before it, finding irreparable damage and balance of convenience in the Applicant's favour.
Legal principles established
#- The three Giella principles govern interlocutory injunction applications: prima facie case, irreparable injury, and balance of convenience
- The three Nguruman conditions are sequential and must be applied separately; a prima facie case alone does not justify an injunction
Court orders
#- 1.That the status quo be maintained pending the hearing and determination of this suit
- 2.That costs be in the cause
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution of Kenya, 2010; Section 13 of the Environment and Land Court Act, No 19 of 2011; Order 51 Rule 1 Civil Procedure Rules; Sections 1A, 1B, 3A Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Al-Maddy v Ali & 4 others (Environment & Land Case 104 of 2022) [2023] KEELC 195 (KLR)", Case Analysis (2023). Not stated in the judgment as provided (application dated September 28, 2022). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/195/eng@2023-01-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.