Meli v Land Registrar, Mombasa Land Registry & 4 others (Environment & Land Petition E009 of 2024) [2025] KEELC 1319 (KLR)
The bottom line
#A Mombasa court stopped the sale and eviction of a mother and her children from their home, protecting claimed matrimonial property rights until the full case is heard.
What this practically means
#Executive summary
#Key legal issues
#Whether the petitioner met the threshold for a temporary injunction
Yes. The petitioner established a prima facie case with probability of success, would likely suffer irreparable harm, and the balance of convenience favours the injunction, particularly given the best interests of her two minor children.
The suit property is registered in the 4th respondent's name and a charge dated 17th April 2021 was registered against the title. The petition raises arguable issues including violation of the petitioner's matrimonial property rights and removal of her caution without notice. The offered compensation of Kshs.700,000 cannot cure the harm of eviction of the petitioner and her minor children, who had previously been rendered destitute; the sentimental value and children's best interests weigh in favour of preserving the property pending trial.
Who bears the costs of the application
Costs of the application were ordered to abide the outcome of the petition, notwithstanding the petitioner's success.
Although costs ordinarily follow the event and the petitioner succeeded in the application, the court considered that justice would be better served by deferring the question of costs until the substantive petition is determined.
Legal principles established
#- In interlocutory injunction applications the Giella v Cassman Brown principles remain the basic tests, but the court may also take whichever course carries the lower risk of injustice.
- Where the defendant's complained-of act is or may be unlawful, damages are not an adequate remedy and the plaintiff need not be confined to damages.
- A prima facie case in a civil application is a genuine and arguable case showing an apparently infringed right calling for explanation or rebuttal.
Court orders
#- 1.An order of temporary injunction restraining the respondents, their agents, servants, assigns and/or any other person whatsoever from selling, advertising for sale, offering as security and/or evicting the petitioner and/or her children from all that property known as C.R 62863/1 (Apartment No. 5, 5th Floor on Subdivision Number:16900) original number 8822/3 Section I Mainland North pending the hearing and determination of the petition filed herein.
- 2.The costs of the application to abide the outcome of the petition herein.
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over the suit property and alleged violation of the petitioner's rights to matrimonial property and fair administrative action
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Meli v Land Registrar, Mombasa Land Registry & 4 others (Environment & Land Petition E009 of 2024) [2025] KEELC 1319 (KLR)", Case Analysis (2025). Not stated in the judgment (Petition filed at the Environment and Land Court, Mombasa). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/1319/eng@2025-03-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.