[2022] KEELC 2559 (KLR)
The court found that the applicant had established a prima facie case with a likelihood of success, having resided on the suit property for over 20 years and claiming adverse possession. The court held that eviction would cause irreparable harm to the applicant and his family, as it would force them to vacate their...
Source-derived case information.
- Citation
- [2022] KEELC 2559 (KLR)
- Parties
- Applicant: Albert Odhiambo Adongo; Respondent: Ndinya Andiego Odhiambo; Respondent: Chairman B.O.M AIC Olago Aluoch Girls Secondary School; Respondent: Principal Secretary Treasury Sued as the Trustee of AIC Olago Aluoch Girls Secondary School; Respondent: Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E6 of 2022
- Procedural Posture
- Environment and Land Case / Ruling on Interim Injunction Application
- Outcome
- application allowed
- Judges
- A Ombwayo
- Legal Topics
- Adverse Possession, Interim Injunction, Status Quo Orders, Eviction, Land Ownership Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Albert Odhiambo Adongo
Applicant
Ndinya Andiego Odhiambo
Respondent
Chairman B.O.M AIC Olago Aluoch Girls Secondary School
Respondent
Principal Secretary Treasury Sued as the Trustee of AIC Olago Aluoch Girls Secondary School
Respondent
Attorney General
Respondent
Procedural Posture
Environment and Land Case / Ruling on Interim Injunction Application
Legal Issues
- 1 Whether the applicant has established a prima facie case for an interim injunction based on adverse possession.
- 2 Whether the applicant will suffer irreparable harm if evicted from the suit property before the determination of the suit.
- 3 Whether the balance of convenience favors granting the interim injunction.
Ratio Decidendi
The court found that the applicant had established a prima facie case with a likelihood of success, having resided on the suit property for over 20 years and claiming adverse possession. The court held that eviction would cause irreparable harm to the applicant and his family, as it would force them to vacate their home. The balance of convenience was found to favor the applicant, as he would be more inconvenienced by eviction than the respondents would be by the maintenance of the status quo. Consequently, the court granted an interim injunction restraining the respondents from evicting the applicant or interfering with the suit property pending the hearing and determination of the suit.
Court Disposition
application allowed
Orders
- Pending the hearing and determination of this suit, an order of interim injunction is granted restraining the respondents, their servants, agents, workers, proxies, representatives and/or any other person assigned or with their authority from evicting the applicant and his family from Kisumu/Nyahera/2260 and...
- Costs of this application be in the cause.
Full Case Text
Judgment text and source record
26 paragraphs
Adongo v Odhiambo & 3 others (Environment & Land Case E6 of 2022) [2022] KEELC 2559 (KLR) (15 July 2022) (Ruling)
Neutral citation: [2022] KEELC 2559 (KLR)
Republic of Kenya
In the Environment and Land Court at Kisumu
Environment & Land Case E6 of 2022
A Ombwayo, J
July 15, 2022
Between
Albert Odhiambo Adongo
Applicant
and
Ndinya Andiego Odhiambo
1st Respondent
Chairman B.O. M AIC Olago Aluoch Girls Secondary School
2nd Respondent
Principal Secretary Treasury Sued as the Trustee of AIC Olago Aluoch Girls Secondary School
3rd Respondent
Attorney General
4th Respondent
Ruling
1. Albert Odhiambo Adoyo has come to court against Ndinya Andiego Odhiambo and the Chairman B.O.M AIC Olago Aluoch Girls Secondary School as the P.S Treasury and the Attorney General claiming adverse possession in respect of Kisumu/Nyahera/2260. He prays that pending the hearing and determination of this suit, this Honourable court be pleased to grant an order of interim injunction restraining the Respondents, their servants, agents, workers, proxies, representatives and/or any other person assigned or with their authority from evicting the Applicant and his family from Kisumu/Nyahera/2260 and interfering with land parcels No. Kisumu/Nyahera/2260 that the Applicant has lived on peacefully and uninterrupted for over 12 years. This Honourable Court be pleased to grant an order to the effect that the status quo in regards to land parcel No. Kisumu/Nyahera/2260 is maintained pending the hearing and determination of this application and the suit. Costs of this application be provided.
2. The plaintiff claims that his late mother purchased the suit property in 1988 from Achunge Andiego. The parcel of land was initially Kisumu/nyahera/1116. It was subdivided into 3 thus Kisumu/Nyahera/2258, 2259 and 2260. The Plaintiff was left to reside in Kisumu/Nyahera/2260 to date.
3. I have considered the pleadings, affidavits on record and submissions on record and do find that the plaintiff has established a prima facie case with a likelihood of success as he has been residing on the land since 1988 more than 20 years ago hence he has an arguable interest in the parcel of land.
4. On the issue of irreparable damage that cannot be computed in damages, I do find that if the plaintiff is evicted, he will suffer irreparably as it will affect his entire family as he will be forced to vacate his home.
5. On balance of convenience I do find that the plaintiff will be more inconvenienced if the injunction is not granted as e will be forced out of his home. The upshot of this is that the application is allowed. I do grant orders:a)Pending the hearing and determination of this suit, there be, and is hereby granted an order of interim injunction restraining the Respondents, their servants, agents, workers, proxies, representatives and/or any other person assigned or with their authority from evicting the Applicant and his family from Kisumu/Nyahera/2260 and interfering with land parcels No. Kisumu/Nyahera/2260 that the Applicant has lived on peacefully and uninterrupted for over 12 years. Costs of this application be in the cause.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 15TH DAY OF JULY 2022ANTONY OMBWAYOJUDGEThis Ruling has been delivered to the parties by electronic mail due to measures restricting court operations due to the COVID-19 pandemic and in the light of the directions issued by his Lordship, the Chief Justice on 15th March 2020.