[2024] KEELC 6295 (KLR)
The court found that the applicant's request for a status quo order was unopposed and merited, given the risk of subdivision and disposal of the suit land before the substantive issues are determined. The court exercised its statutory mandate under Section 13(7)(a) of the Environment and Land Court Act to preserve...
Source-derived case information.
- Citation
- [2024] KEELC 6295 (KLR)
- Parties
- Applicant: Chacha Chagora; Respondent: Johnes Marwa Morongo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Enviromental and Land Originating Summons E02 of 2023
- Procedural Posture
- Originating Summons / Interlocutory Ruling on Status Quo Application
- Outcome
- Status quo order granted pending hearing and determination of the suit.
- Judges
- GMA Ongondo
- Legal Topics
- Adverse Possession, Status Quo Orders, Interim Injunctions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Chacha Chagora
Applicant
Johnes Marwa Morongo
Respondent
Procedural Posture
Originating Summons / Interlocutory Ruling on Status Quo Application
Legal Issues
- 1 Whether the applicant is entitled to a status quo order to preserve the suit land pending determination of the originating summons.
- 2 Whether the respondent's lack of response affects the grant of interim orders.
Ratio Decidendi
The court found that the applicant's request for a status quo order was unopposed and merited, given the risk of subdivision and disposal of the suit land before the substantive issues are determined. The court exercised its statutory mandate under Section 13(7)(a) of the Environment and Land Court Act to preserve the subject matter of the dispute. The absence of a response from the respondent further justified the grant of the interim order to maintain the status quo and prevent any actions that could prejudice the parties' interests or render the suit nugatory.
Court Disposition
Status quo order granted pending hearing and determination of the suit.
Orders
- There shall be a status quo over the suit land parcel pending the hearing and determination of this suit.
- The parties shall not sell, subdivide, transfer, charge or in any manner dispose of the suit land parcel pending the outcome of the suit.
Full Case Text
Judgment text and source record
24 paragraphs
Chagora v Morongo (Enviromental and Land Originating Summons E02 of 2023) [2024] KEELC 6295 (KLR) (24 September 2024) (Ruling)
Neutral citation: [2024] KEELC 6295 (KLR)
Republic of Kenya
In the Environment and Land Court at Migori
Enviromental and Land Originating Summons E02 of 2023
GMA Ongondo, J
September 24, 2024
Between
Chacha Chagora
Applicant
and
Johnes Marwa Morongo
Respondent
Ruling
1. This ruling pertains to application by Mr. Mwita Kerario learned counsel for the Plaintiff/Applicant that ;-“The respondent has started subdividing the land in dispute and may order of status quo be issued pending the hearing and determination of the suit. The Deputy Registrar notified us of this date. The respondent has never responded to the Originating summons herein. The status quo will preserve the suit land in interest of justice.”(Emphasis added)
2. The applicant generated this suit by an originating Summon dated 8th March 2023, seeking determination of issues, inter alia that the applicant has acquired by adverse possession, the suit land parcel approximately ten (10) acres out of LR No. Nyabasi/Bosonga/138 currently land reference number Nyabasi/Bosonga/ 1319, in the title of the original owner one Morongo Maroa Mwita (Deceased) and which land has been transmitted to the respondent by way of succession having been extinguished by effluxion of time.
3. Indeed, the defendant was made aware of this matter further to an Affidavit of service sworn on 31st May 2024 by Kerario Marwa Advocate of the High court of Kenya. He is absent and not responded in this case.
4. This court has the mandate to grant interim preservation orders including status quo as envisaged in Section 13 (7) (a) of the Environment and Land Court Act 2015 (2011).
5. It is trite law that status quo order is meant to preserve the land in question pending the outcome or termination of the suit; see Ogada =vs= Mollin (2009) KLR 620.
6. The applicant’s application for status quo order is not opposed and the same is merited.
7. A fortiori, it is hereby ordered and directed that there be status quo over the suit land parcel pending the hearing and determination of this suit. In particular, the parties shall not sell, subdivide, transfer, charge or in any manner dispose of the suit land parcel pending the outcome of the suit.
8. Hearing of the suit on 29th January 2025.
9. It is so ordered.
DATED AND DELIVERED AT MIGORI THIS 24TH DAY OF SEPTEMBER 2024G. M. A. ONGONDOJUDGEIn the presence of;Mr. Mwita Kerario learned counsel for the Applicant/PlaintiffTom- Court Assistant