Kombo v Gwede & 2 others (Environment and Land Case E051 of 2024) [2025] KEELC 6306 (KLR)
The bottom line
#A Kwale court stopped further dealing with disputed land, holding that a registered title deed alone is strong enough evidence to win an interim injunction.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicant established a prima facie case with a probability of success
The applicant did establish a prima facie case by producing his Certificate of Title and the sale agreement with Rashid Mohamed Jambia.
The court applied the Mrao definition of a prima facie case and the Giella test. The applicant produced a certificate of title and a purchase agreement showing he paid Kshs. 600,000/- to Rashid Mohamed Jambia and was registered as owner. The court held that at the interlocutory stage it does not make final findings on contested facts but weighs the relative strengths of the parties' cases, per Mbuthia v Jimba Credit Corporation and Edwin Kamau Muniu v Barclays Bank.
Whether the applicant would suffer irreparable injury not compensable by damages
The applicant satisfied the second condition since the land allegedly fraudulently subdivided could not adequately be compensated by damages.
Relying on Nguruman and Pius Kipchirchir Kogo v Frank Kimeli Tenai, the court found the applicant's property at risk of alienation. Because the land was allegedly fraudulently subdivided, monetary compensation would be inadequate and the question required a full trial with the property preserved in the interim.
Whether the balance of convenience tilts in favour of the applicant
The balance of convenience favoured the applicant, and the court opted for the lower risk of injustice by preserving the suit property pending trial.
Applying Paul Gitonga Wanjau and Amir Suleiman v Amboseli Resort, the court held that the applicant would be prejudiced if the respondents took possession before the suit was heard. Since the court had not interrogated all documents tracing the history of the claim, it was in both parties' interest that the property be preserved.
Who bears the costs of the application
Costs were ordered in the cause, the court exercising its discretion under section 27(1) of the Civil Procedure Act.
The court restated that costs follow the event per section 27(1) of the Civil Procedure Act and that the successful party is typically entitled to costs. However, in the present case the court elected to have the costs of the application abide the outcome of the suit.
Legal principles established
#- Production of a title deed constitutes prima facie evidence warranting the issuance of injunctive orders at the interlocutory stage.
- The three Giella v Cassman Brown conditions must all be satisfied sequentially for an interlocutory injunction to issue.
- Costs follow the event and the successful party is typically entitled to costs unless there are compelling reasons to decide otherwise.
Court orders
#- 1.The Notice of Motion application dated 31st July, 2024 is found to have merit and is allowed with costs in the cause
- 2.A temporary injunction restraining the 1st, 2nd and 3rd Defendants/Respondents, their agents, servants and any other person acting on their behalf, from dealing, in the form of sub-division or construction of any structure, on Plot No. Kwale/Kiwegu/Jengo/115 pending hearing and determination of the suit
- 3.A Pre-Trial Conference to be conducted on 13th November, 2025 pursuant to Order 11 of the Civil Procedure Rules, 2010
- 4.Hearing of the matter on 26th February, 2026
- 5.Costs of the Notice of Motion application dated 31st July, 2024 to be in the cause
- Jurisdiction invoked
- Sections 1A, 1B, 3A of the Civil Procedure Act, Cap. 21 and Order 40 Rules 1 and 2, Order 51 Rule 1 of the Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kombo v Gwede & 2 others (Environment and Land Case E051 of 2024) [2025] KEELC 6306 (KLR)", Case Analysis (2025). Notice of Motion application dated 31st July, 2024 (suit at Environment and Land Court, Kwale). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6306/eng@2025-09-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.