Othman v Kazungu & 2 others (Environment and Land Case E127 of 2025) [2025] KEELC 18505 (KLR) (16 December 2025) (Ruling) Neutral citation: [2025] KEELC 18505 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MALINDI ENVIRONMENT AND LAND CASE E127 OF 2025 FM NJOROGE, J DECEMBER 16, 2025 BETWEEN ALAMIN HASSAN OTHMAN ................................................................. PLAINTIFF AND MOHAMED SAFARI KAZUNGU & 2 OTHERS & 2 OTHERS & 2 OTHERS & 2 OTHERS & 2 OTHERS & 2 OTHERS ................................................ DEFENDANT RULING 1. 2. The plainti’s application dated 16th September 2025 is seeking: a. a temporary injunction restraining, inhibiting and prohibiting all dealings in respect of CR 23219 - PLOT NUMBER MN/III/1905 till further orders of this court in this matter and/ or inter partes hearing; b. A conservatory order of injunction be issued restraining the defendant by himself his servants, agents and whomsoever howsoever from in any manner dealing, transferring and interfering with CR 23219 Plot Number MN/III/1905 till full hearing and determination of the suit herein. The application is supported by the adavit of the plainti sworn on the same date. The grounds on which the application is premised are that the 1st and 2nd defendants have fraudulently and unlawfully transferred the suit property without the plainti’s consent, knowledge or authority; that the plainti has been denied access to the property and he is apprehensive that the defendants may dispose of the suit property while there is still in existence a dispute between the parties herein; that the 1st defendant illegally transferred the property under decree in a suit Malindi ELC Number E027 Of 2014 while the plainti herein was not aware of such a decree and while the original title to the property was still in his custody. The plainti’s attempt to obtain an order of his joinder to Malindi ELC Number E027 of 2014 was repulsed by the defendants, and it was rejected by this court hence this suit. It is alleged that https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/18505/eng@2025-12-16 1
page 1 of 2
the plainti never received any summons from either the 1st or 2nd defendant in this case in respect of the earlier suit Malindi ELC Number E027 of 2014, and thus he never participated in the substantive proceedings therein. 3. The application is opposed. 4. The 1st defendant led his sworn adavit dated 1st October 2025 in which he stated that he had conducted due diligence prior to purchase of the suit property from the 2nd defendant, and that an ocial search on the suit property revealed that the owner thereof was the second defendant; that the Land Registrar gazetted Notice Number 564 of 24th January 2025 indicating that the owner of the suit land was “Patmack Investments Limited”; that the deponent is currently the registered owner of the suit and the document of title exhibited by the plainti is false and fraudulent. It is stated that he followed all due process to acquire the suit land from the 2nd defendant. 5. The application was disposed of by way of written submissions which the 1st defendant led, dated 13th October 2025, while the plainti led his dated 14th October 2025. The 2nd defendant never led submissions. 6. I have considered the written submissions of the parties and the contents of the proceedings in the earlier case, Malindi ELC Number E027 of 2014, which I had the benet of handling. The plainti herein had attempted to join himself into the earlier case without success because it had been completed, hence his act of ling this fresh suit. He has exhibited a copy of a title issued in his name. He has in the present application exhibited documents showing that the land was transferred to him in 2014 by the 2nd defendant. It may therefore be probable that by the time Malindi ELC Number E027 of 2014 was led, the 2nd defendant was not the owner of the suit land. In this court’s view the plainti herein has established a prima facie case with probability of success. 7. As regards whether there is risk of irreparable injury to be occasioned to the plainti, I note that the suit land having been registered in the name of the 1st defendant, it may be transferred to third parties thus rendering it to be out of reach of the plainti, yet some illegality in the transfer to the 1st defendant has already been alleged. In the circumstances, I am of the view that the plainti herein may suer irreparable loss. 8. There having been a previous suit in which the property was involved and in which the plainti herein had successfully join as a party, it is the opinion of this court that he has demonstrated genuine interest and the balance of convenience lies in preserving the status of the suit property till the determination of this suit. 9. Consequently, I nd the application dated 16th September 2025 has merit and I grant the same in terms of prayer no 3 thereof. 10. The costs of the application shall be in the cause. Mention on 2/3/26 for issuance of a hearing date. Parties shall comply with the Civil Procedure Rules before then with the plainti taking the rst 30 days herein and the defendant the following 30 days. DATED, SIGNED AND DELIVERED AT MALINDI ON THIS 16TH DAY OF DECEMBER 2025. MWANGI NJOROGE JUDGE, ELC, MALINDI https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/18505/eng@2025-12-16 2
page 2 of 2