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ELCDismissedNot stated in the judgment· [2025] KEELC 4501 (KLR)

Kambo v Kambo & 6 others (Land Case E032 of 2024) [2025] KEELC 4501 (KLR)

Environment and Land Court
16 June 2025
1,082 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

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What this practically means

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Executive summary

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The Plaintiff, an over-80-year-old woman, moved the court by a notice of motion dated 13-11-2024 under Orders 40 rule 1 and 51 rule 1 of the Civil Procedure Rules and Sections 1A and 1B of the Civil Procedure Act, seeking an interlocutory injunction restraining the 1st to 7th Defendants from disposing of, selling, transferring, entering, developing or interfering with land parcels Ithanga Phase 1/1818, 1819, 1820, 1823 and 1824, plus costs. She alleged the parcels, which she claimed as hers, were fraudulently registered in the Defendants' names through the 7th Defendant's office, that the Defendants intended to sell them, and that preservation was needed to protect her from destitution. The Defendants opposed through a replying affidavit of the 5th Defendant, Mary Wairimu Kambo, who showed the parcels arose from a subdivision of family land in Thika Succession Cause No. 441 of 2006; the transfers to the Defendants were effected under a court order, never set aside on appeal, directing the executive officer to sign transfer documents after Veronicah Wangechi defied an earlier order to surrender the title deed. Applying Giella v Cassman Brown, the court found the Plaintiff had not established a prima facie case: her Plaint and verifying affidavit falsely asserted there were no previous proceedings, whereas the Thika succession cause involved the same parcels and overlapping parties, and there was prima facie evidence she and Veronicah disobeyed the Thika court's orders. The other Giella limbs were not considered. The motion was dismissed with costs in the cause.

Key legal issues

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01

Prima facie case for interlocutory injunction

Holding

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

Reasoning

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.

p. 3
02

Duty of candour in verifying affidavit

Holding

The Plaintiff was not truthful in her verifying affidavit dated 13-11-2024 in paragraphs 3 and 4 where she denied previous proceedings

Reasoning

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.

p. 3
03

Disobedience of a subsisting court order

Holding

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

Reasoning

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.

p. 3

Legal principles established

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  • 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

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  1. 1.The motion dated 13-11-2024 is dismissed
  2. 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

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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, "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.