[2023] KEELC 17828 (KLR)
The court found that it was appropriate to grant a status quo order over the suit land, given that both parties were in agreement and to preserve the subject matter of the dispute pending the hearing and determination of the main suit. The court exercised its statutory mandate under section 13(7)(a) of the...
Source-derived case information.
- Citation
- [2023] KEELC 17828 (KLR)
- Parties
- Applicant: Monica Adoyo Abok (Suing as the Legal Representative of Joseph Ochieng Odote); Respondent: Ogeta Nyakinda alias Charles Ogeta Nyakinda
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E001 of 2023
- Procedural Posture
- Environment and Land Case / Interlocutory Application for Interim Injunction
- Outcome
- Application for interim injunction granted in terms of status quo order.
- Judges
- GMA Ongondo
- Legal Topics
- Interim Injunctions, Status Quo Orders, Land Disputes, Preservation of Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Monica Adoyo Abok (Suing as the Legal Representative of Joseph Ochieng Odote)
Applicant
Ogeta Nyakinda alias Charles Ogeta Nyakinda
Respondent
Procedural Posture
Environment and Land Case / Interlocutory Application for Interim Injunction
Legal Issues
- 1 Whether the applicant is entitled to interim orders preserving the suit land pending the hearing and determination of the main suit.
- 2 Whether the court should issue a status quo order to prevent alienation or interference with the suit land.
Ratio Decidendi
The court found that it was appropriate to grant a status quo order over the suit land, given that both parties were in agreement and to preserve the subject matter of the dispute pending the hearing and determination of the main suit. The court exercised its statutory mandate under section 13(7)(a) of the Environment and Land Court Act to issue interim preservation orders, specifically restraining the parties from selling, charging, transferring, subdividing, or erecting permanent buildings on the suit land or otherwise interfering with its substratum. The order was necessary to ensure that the rights of the parties would not be prejudiced and that the court's eventual decision would not...
Court Disposition
Application for interim injunction granted in terms of status quo order.
Orders
- Parties to maintain the obtaining status quo over the suit land pending the hearing and determination of the suit.
- Parties are restrained from selling, charging, transferring, subdividing, or erecting permanent buildings on the suit land or interfering with its substratum pending the hearing and determination of the suit.
Full Case Text
Judgment text and source record
22 paragraphs
Abok (Suing as the Legal Representative of Joseph Ochieng Odote) v Nyakinda (Environment & Land Case E001 of 2023) [2023] KEELC 17828 (KLR) (8 June 2023) (Ruling)
Neutral citation: [2023] KEELC 17828 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment & Land Case E001 of 2023
GMA Ongondo, J
June 8, 2023
IN THE MATTER OF SECTION 38 OF THE LIMITATION OF ACTIONS ACT AND IN THE MATTER OF LAND ACT (NO. 6 OF 2012) AND IN THE MATTER OF THE REGISTERED LAND ACT AND IN THE MATTER OF TITLE NO. L.R NO. KANYALUO/KOBILA/KOMWOYO/842
Between
Monica Adoyo Abok (Suing as the Legal Representative of Joseph Ochieng Odote)
Applicant
and
Ogeta Nyakinda alias Charles Ogeta Nyakinda
Respondent
Ruling
1. This ruling in respect of the applicant’s application dated 19th January 2023 for an interim injunction against the respondent in respect of the suit land, reference No. Kanyaluo/Kobila/Komwoyo/842 pending the hearing and determination of this suit.
2. Learned counsel L.K Obwanda for the applicant has implored this court to determine the application in terms of status quo order over the suit land pending the hearing and determination of this suit. That the same is meant to preserve the same suit land.
3. The respondent in person has no objection to the status quo orders sought herein.
4. This court is guided by section 13(7) (a) of the Environment and Land Act, 2015(2011) on the mandate of this court to grant interim preservation orders; see also Ogada v Mollin [2009] KLR 620.
5. Accordingly, the application is hereby determined to the effect that the parties to maintain the obtaining status quo over the suit land pending the hearing and determination of this suit. In particular, the parties shall not sell, charge, transfer, subdivide and or erect permanent buildings on the suit land or interfere with the substratum of the same pending the hearing and determination of this suit.
6. Costs of the application in the cause.
DELIVERED AND SIGNED AT HOMABAY THIS 8TH DAY OF JUNE 2023. G.M.A ONG’ONDOJUDGEPresent1. L.K Obwanda for the applicant.2. Respondent in person.3. Court Assistant, Okello.