Kambo v Kambo & 6 others (Land Case E032 of 2024) [2025] KEELC 4501 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Prima facie case for interlocutory injunction
The Plaintiff failed to establish a prima facie case because she misrepresented the existence of prior proceedings (Thika Succession Cause No. 441/411 of 2006) concerning the same suit parcels between overlapping parties
The Plaintiff's Plaint and verifying affidavit asserted no previous proceedings existed. The Defendants' annexures proved a prior succession cause concerning the same parcels with overlapping parties, rendering the Plaintiff untruthful in her verifying affidavit. The court held she should have disclosed the Thika case and distinguished it; failure meant no prima facie case, so the injunction failed and the other Giella limbs were not reached.
Duty of candour in verifying affidavit
The Plaintiff was not truthful in her verifying affidavit dated 13-11-2024 in paragraphs 3 and 4 where she denied previous proceedings
The court found annexures 2 and 3 to the replying affidavit proved a prior succession cause involving the same parties and parcels. The Plaintiff's denial of previous proceedings in the Plaint and verifying affidavit was false. The court noted the mischief Order 4 rules 1(f) and 2 are designed to avoid - two courts issuing contradictory orders - and observed the pleadings could still be amended to disclose the prior suit.
Disobedience of a subsisting court order
There was prima facie evidence the Plaintiff and Veronicah Wangechi disobeyed a court order issued in the Thika case, including an order that the executive officer sign transfer documents
The 5th Defendant's replying affidavit showed a prior court ordered surrender of the original title deed for subdivision and, when defied, ordered the executive officer to sign documents effecting transfers of ten parcels. The transfers were effected pursuant to a court order never set aside on appeal. The court accepted there was prima facie evidence of disobedience, undermining the Plaintiff's application.
Legal principles established
#- The Giella v Cassman Brown principles govern interim injunctions: prima facie case with probability of success, irreparable loss not compensable by damages, and balance of convenience if in doubt
- Pleadings must disclose the existence of previous and pending proceedings between the parties over the same subject matter to avoid contradictory orders from different courts
Court orders
#- 1.The motion dated 13-11-2024 is dismissed
- 2.Costs in the cause
- Jurisdiction invoked
- Orders 40 rule 1 and 51 rule 1 of the Civil Procedure Rules, Sections 1A and 1B of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kambo v Kambo & 6 others (Land Case E032 of 2024) [2025] KEELC 4501 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4501/eng@2025-06-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.