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ELCPartially AllowedNot stated in judgment· [2026] KEELC 664 (KLR)
Bana v Maalim alias Omar Ahmed Mohamed (Environment and Land Case E130 of 2025) [2026] KEELC 664 (KLR)
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·~2 min to read original · ~4 min briefThe bottom line
#A Mombasa court ordered a property owner to grant an applicant full access to a Mombasa building, but deferred the bigger injunction claims to February's hearing.
What this practically means
#Executive summary
#This is a short ex parte interim ruling by the Environment and Land Court at Mombasa (Ombwayo J) delivered on 6 February 2026. The Applicant, Zakaria Mohamed Sheikh Bana, sought certification of his notice of motion as urgent, dispensation of service and hearing ex parte in the first instance. His prayers, pending hearing and determination of the application and of a main suit, included: full and unfettered access to the Suit Property MOMBASA/BLOCK/XVII/IIIO, developed into 40 apartments, 1 penthouse and 4 shops; an OCS of Central Police Station to enforce compliance; restraint on the Respondent selling, transferring, charging, leasing or dealing with any units without disclosure and the Applicant's written consent; preservation of sale proceeds in an escrow or joint account; maintenance of true and verifiable records of sales, monies and costs; and restraint from interfering with the Applicant's contractual and proprietary interests. The application was served but unopposed, no reply having been filed. The court granted only the access prayer, compelling the Respondent, his agents, employees or servants to grant the Applicant full, peaceful, unconditional and unfettered access to the suit property pending hearing and determination of the application. The remaining prayers were left to the inter partes hearing of the main notice of motion, listed for 23 February 2026 at 9:00am with hearing notice to issue. No costs order was made. No authorities or statutes were cited.
Key legal issues
#01
Whether unopposed ex parte interim relief for access to suit property should issue
Holding
The court granted interim access to the suit property pending hearing of the application
Reasoning
The judgment records that the application was served but not opposed, there being no reply. On the unopposed material, the court exercised its discretion to grant the access prayer ex parte in the first instance and listed the main motion for inter partes hearing.
p. 2
Legal principles established
#Court orders
#- 1.Pending the hearing and determination of the application, the Respondent, his agents, employees or servants to forthwith grant the Applicant full, peaceful, unconditional and unfettered access to the Suit Property known as MOMBASA/BLOCK/XVII/IIIO
- 2.Matter to proceed for hearing of the main notice of motion on 23rd February 2026 at 9:00am
- 3.Hearing notice to issue
- Jurisdiction invoked
- Not stated in judgment; interim relief sought in a main notice of motion before the Environment and Land Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Bana v Maalim alias Omar Ahmed Mohamed (Environment and Land Case E130 of 2025) [2026] KEELC 664 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/664/eng@2026-02-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.