Ngoa & 9 others v Gupta (Enviromental and Land Originating Summons E003 of 2026) [2026] KEELC 1907 (KLR) (19 February 2026) (Ruling) Neutral citation: [2026] KEELC 1907 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MOMBASA ENVIROMENTAL AND LAND ORIGINATING SUMMONS E003 OF 2026 A OMBWAYO, J FEBRUARY 19, 2026 BETWEEN KATANA KARISA NGOA .................................................................. 1ST PLAINTIFF MARION NYAPARA & 8 OTHERS ................................................. 2ND PLAINTIFF AND RAMESH KUMAR GUPTA .................................................................. DEFENDANT RULING 1. The notice of motion dated 21st January 2026 seeking orders: Spent Spent 2. That the respondent by himself, his servants and or its agents be restrained by a temporary injunction from evicting, demolishing, harassing and or interfering in any manner with the County and the OCS Nyali Police Station to enforce these orders pending the hearing of the main suit. That an order be issued directing the Land Registrar to prohibit or restrict dealings to all that parcel of land known as Plot Number 6530/wmn Nyali, Mombasa County pending the hearing and determination of this application and the main suit thereafter. That this Honourable Court be pleased to invoke its inherent powers and issue any further Orders that will be just and fair to safeguard the interests of the Plaintifis herein. That costs be in cause. 3. The application is based on grounds that that the defendant has been sending unknown people to the plaintifis who have threatened to evict and demolish more than 8 households belonging to the plaintifi which houses are situated on the suit property. That each plaintifi has been living on the parcel of land known as of Plot Number 6530/1/MN Nyali, Mombasa County and has constructed a house on a portion of the suit properties herein and each stands to sufier irreparable loss and damage, mental and https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1907/eng@2026-02-19 1
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or psychological anguish should they be evicted and their houses demolished because each one of them and their families are residing in the houses situated on the suit property. 4. The defendant is also threatening to evict the Plaintifis from the suit premises without a lawful Court Order. It is therefore in the interest of justice that the Court grants the Orders sought. 5. The plaintifis contend that the suit herein will be rendered nugatory if the injunction Orders are not granted to preserve the interest of each of the plaintifis which interest is the house each plaintifi has constructed on a portion of the suit property. 6. This court is satisfied that the application was served. There is no response. 7. The applicants have demonstrated that they are in possession of the suit property with structures 8. having been erected to accommodate them on the said land. The plaintifi will sufier irreparable harm if evicted as they dwell on the land. 9. I do grant orders that the respondent by himself, his servants and or its agents be restrained by a temporary injunction from evicting, demolishing, harassing and or interfering in any manner. The County Government of Monbasa and the OCS Nyali Police Station to enforce these orders pending the hearing of the main suit. 10. Furthermore I do issue an order prohibiting the Land Registrar Mombasa from dealings to all that parcel of land known as Plot Number 6530/WMN Nyali, Mombasa County pending the hearing and determination of the main suit. That costs be in cause. Matter to be fixed for hearing of the main suit. Mention on 12th March 2026. Hearing of the main suit on 21st April 2026. Orders accordingly. SIGNED BY/FOR: HON. JUSTICE ANTONY O. OMBWAYO https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1907/eng@2026-02-19 2
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