[2025] KEELC 4785 (KLR)

[2025] KEELC 4785 (KLR)

The court found that the applicant is in occupation of the suit lands, and whether such occupation is by adverse possession or by permission is a matter for the main hearing. At the interlocutory stage, the applicant established a prima facie case with a probability of success, and the balance of convenience favored...

Source-derived case information.

Citation
[2025] KEELC 4785 (KLR)
Parties
Applicant: Mwamini Shaban Abdinedi; Respondent: Rosemary Akinyi Odongo
Court
Environment and Land Court
Court Station
Environment and Land Court at Kisumu
Jurisdiction
Kenya
Judgment Date
26 June 2025
Case Number
Enviromental and Land Originating Summons E024 of 2025
Procedural Posture
Originating Summons / Ruling on Interlocutory Injunction
Outcome
application allowed
Judges
E Asati
Legal Topics
Adverse Possession, Temporary Injunctions, Status Quo Orders, Land Occupation Disputes
Source Language
english
Land and Property Civil Procedure Adverse Possession Temporary Injunctions Status Quo Orders Land Occupation Disputes

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Parties

Mwamini Shaban Abdinedi

Applicant

Rosemary Akinyi Odongo

Respondent

Procedural Posture

Originating Summons / Ruling on Interlocutory Injunction

Legal Issues

  1. 1 Whether the applicant has established a prima facie case for grant of a temporary injunction restraining the respondent from interfering with the suit lands pending determination of the suit.
  2. 2 Whether the applicant is in occupation of the suit lands as an adverse possessor or by permission of the respondent.
  3. 3 Whether the applicant will suffer irreparable harm if the injunction is not granted.

Ratio Decidendi

The court found that the applicant is in occupation of the suit lands, and whether such occupation is by adverse possession or by permission is a matter for the main hearing. At the interlocutory stage, the applicant established a prima facie case with a probability of success, and the balance of convenience favored preserving the status quo. The court's duty is to prevent irreparable harm and maintain the applicant's occupation pending the full hearing. The respondent's arguments regarding permission and alternative remedies do not outweigh the need to preserve the applicant's longstanding occupation until the substantive issues are determined. Accordingly, a temporary injunction was...

Court Disposition

application allowed

Orders

  • A temporary injunction is issued restraining the respondent, her agents, family, servants and/or whomsoever jointly and severally from trespassing, transmitting, disposing of, or evicting the applicant and her family from land parcel numbers Kisumu/Konya/3524 and 3525 pending hearing and determination of the suit.
  • Costs to abide the main suit.