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ELCAllowedNot stated in the excerpt provided· [2026] KEELC 1907 (KLR)

Ngoa & 9 others v Gupta (Enviromental and Land Originating Summons E003 of 2026) [2026] KEELC 1907 (KLR)

Environment and Land Court
1 January 2026
AOAntony O. Ombwayo
516 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Mombasa's Environment and Land Court stopped an attempted eviction of families living on Plot 6530 Nyali, freezing all land dealings until the case is heard.

What this practically means

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Executive summary

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This is an interlocutory ruling of the Environment and Land Court at Mombasa (Ombwayo J) on a notice of motion dated 21st January 2026 in which the plaintiffs, occupants of Plot Number 6530/WMN Nyali, Mombasa County, sought a temporary injunction restraining the respondent from evicting them, demolishing their houses or harassing them pending the hearing of the main suit, together with a restriction on dealings over the suit property to be enforced with the assistance of the County Government of Mombasa and the OCS Nyali Police Station. The plaintiffs asserted that each had constructed a house on the suit property, housed their families there, and stood to suffer irreparable loss, mental and psychological anguish if evicted, and that the respondent was threatening eviction without a lawful court order. The court recorded that the application was served and that there was no response. Satisfied that the plaintiffs had demonstrated possession of the suit property with structures erected to accommodate them, and that they would suffer irreparable harm if evicted as they dwelt on the land, the court granted a temporary injunction restraining the respondent, his servants and agents from evicting, demolishing, harassing or interfering in any manner, directed the County Government of Mombasa and the OCS Nyali Police Station to enforce the orders, and prohibited the Land Registrar, Mombasa, from registering dealings over the plot pending the hearing and determination of the main suit. Costs were placed in the cause, with mention on 12th March 2026 and hearing of the main suit on 21st April 2026.

Key legal issues

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01

Entitlement to a temporary injunction pending the main suit

Holding

The court granted the temporary injunction and a restriction on dealings, being satisfied the plaintiffs were in possession with structures on the land and faced irreparable harm if evicted.

Reasoning

The application was served and unopposed. The court found that the plaintiffs had demonstrated possession of the suit property and had erected structures accommodating them on the land. Because the plaintiffs and their families dwell on the land, eviction and demolition would occasion irreparable loss. The threatened eviction was without a lawful court order, so preservation of the status quo through injunctive relief and a registrar's restriction was in the interest of justice pending the main suit.

p. 2

Legal principles established

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  • A plaintiff in possession of land with dwellings who faces threatened eviction without a lawful court order satisfies the test for a temporary injunction because eviction would cause irreparable harm

Court orders

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  1. 1.Temporary injunction restraining the respondent, by himself, his servants and/or agents, from evicting, demolishing, harassing and/or interfering in any manner with the plaintiffs pending the hearing of the main suit
  2. 2.The County Government of Mombasa and the OCS Nyali Police Station directed to enforce the injunction orders
  3. 3.Order prohibiting the Land Registrar, Mombasa, from registering any dealings over Plot Number 6530/WMN Nyali, Mombasa County pending the hearing and determination of the main suit
  4. 4.Costs in the cause
  5. 5.Matter fixed for mention on 12th March 2026 and hearing of the main suit on 21st April 2026
Jurisdiction invoked
Inherent powers of the court (interlocutory injunctive relief under civil procedure; provision not expressly cited in the excerpt)

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, "Ngoa & 9 others v Gupta (Enviromental and Land Originating Summons E003 of 2026) [2026] KEELC 1907 (KLR)", Case Analysis (2026). Not stated in the excerpt provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1907/eng@2026-02-19

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.