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ELCAllowedMalindi Land Case Number E0062 of 2023 (Appeal therefrom; Notice of Motion dated 7th November 2025)· [2026] KEELC 2082 (KLR)
Ahmed v Mwambire & 4 others (Environment and Land Appeal E065 of 2025) [2026] KEELC 2082 (KLR)
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·~2 min to read original · ~4 min briefThe bottom line
#A Malindi court paused the cancellation of a landowner's title, protecting his home and land until his appeal is fully heard and decided.
What this practically means
#Executive summary
#This is a ruling of the Environment and Land Court at Malindi (Mwangi Njoroge, J) on a Notice of Motion dated 7th November 2025 seeking stay of execution of the subordinate court's judgment delivered on 5th November 2025 in Malindi Land Case Number E0062 of 2023. The underlying suit concerned encroachment, alienation and/or trespass on Parcel Number Kilifi/Jimba/1141. The applicant's defence was that he purchased the land in 2009 with a permanent dwelling house on it, erected further permanent houses, and has been in uninterrupted occupation; he sued for injunctive relief after the respondents and interested parties began encroaching in 2023. They counterclaimed for cancellation of his title, and the trial court ordered cancellation. The applicant feared execution would lead to cancellation of title and demolition of his family dwelling house. The 1st respondent opposed via a replying affidavit dated 12th January 2026, questioning the late introduction of a purchase agreement never part of the lower court proceedings, and asserting her own permanent structure surrounded by a brick wall on the property. The application was disposed of by written submissions dated 28th January 2026 and 3rd February 2026. Noting that the record of appearance had been filed and the appeal was awaiting directions, the court found it preferable, for the sake of judicial time, to preserve the suit property in its present state pending hearing and disposal of the appeal. It allowed the motion in terms of prayer (c), ordered costs of the application to be costs in the appeal, directed the Deputy Registrar to avail the lower court file, and fixed mention for directions on 21st May 2026.
Key legal issues
#01
Stay of execution of the subordinate court's judgment cancelling the applicant's title
Holding
The court allowed the motion in terms of prayer (c) but framed the relief as preservation of the suit property in its present state pending the appeal
Reasoning
The court noted that the record of appearance had been filed and the appeal was awaiting directions as to hearing. Considering judicial time and the stated circumstances, it found it better to preserve the suit property in its present state pending the hearing and disposal of the appeal, thereby disposing of the motion dated 7th November 2025 in terms of prayer (c), with costs in the appeal and a mention date fixed.
p. 2
Legal principles established
#- Where an appeal is pending and awaiting directions as to hearing, the court may preserve the suit property in its present state pending hearing and disposal of the appeal rather than grant a bare stay of execution
Court orders
#- 1.The motion dated 7th November 2025 is allowed in terms of prayer number (c) thereof
- 2.The suit property to be preserved in its present state pending the hearing and disposal of the appeal
- 3.The costs of the application shall be costs in the appeal
- 4.The Deputy Registrar of the court to avail the lower Court file record and the appeal to be mentioned for issuance of directions as to hearing on 21st May 2026
- On appeal from
- Subordinate court (Malindi)
- Malindi Land Case Number E0062 of 2023
- Jurisdiction invoked
- Appellate/stay jurisdiction of the Environment and Land Court over an appeal from the subordinate court (judgment delivered 5th November 2025)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ahmed v Mwambire & 4 others (Environment and Land Appeal E065 of 2025) [2026] KEELC 2082 (KLR)", Case Analysis (2026). Malindi Land Case Number E0062 of 2023 (Appeal therefrom; Notice of Motion dated 7th November 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2082/eng@2026-04-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.