[2023] KEELC 16145 (KLR)
The court found that the application for interim injunctive relief was unopposed and that the applicant had satisfied the requirements for the grant of such orders under section 13(7)(a) of the Environment and Land Court Act and the principles established in Jan Bonde Nielsen v Nguruman Limited. The respondent did...
Source-derived case information.
- Citation
- [2023] KEELC 16145 (KLR)
- Parties
- Plaintiff: Peter Owuor Dache; Defendant: Akiri Ajungu Odero Alias Odero Ajungu
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E003 of 2023
- Procedural Posture
- Environment and Land Case / Ruling on Interlocutory Injunction Application
- Outcome
- Application allowed. Interim injunction granted.
- Judges
- GMA Ongondo
- Legal Topics
- Interlocutory Injunctions, Land Disputes, Possession of Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Peter Owuor Dache
Plaintiff
Akiri Ajungu Odero Alias Odero Ajungu
Defendant
Procedural Posture
Environment and Land Case / Ruling on Interlocutory Injunction Application
Legal Issues
- 1 Whether the plaintiff is entitled to interim injunctive relief restraining the defendant from entering, disposing of, or remaining in possession of land parcel Kabuoch/kachieng/394 pending determination of the suit.
Ratio Decidendi
The court found that the application for interim injunctive relief was unopposed and that the applicant had satisfied the requirements for the grant of such orders under section 13(7)(a) of the Environment and Land Court Act and the principles established in Jan Bonde Nielsen v Nguruman Limited. The respondent did not contest the application and indicated willingness to resolve the matter. Accordingly, the court allowed the application and granted interim orders of injunction restraining the defendant, his agents, or assigns from entering, disposing of, remaining in possession, or otherwise dealing with land parcel Kabuoch/kachieng/394 pending the hearing and determination of the main suit.
Court Disposition
Application allowed. Interim injunction granted.
Orders
- Interim orders of injunction issued restraining the defendant, his agents, assigns, or anyone deriving authority from him from entering, disposing of, remaining in possession, or otherwise dealing with land parcel Kabuoch/kachieng/394 pending the hearing and determination of the main suit.
Full Case Text
Judgment text and source record
22 paragraphs
Dache v Odero (Environment & Land Case E003 of 2023) [2023] KEELC 16145 (KLR) (6 March 2023) (Ruling)
Neutral citation: [2023] KEELC 16145 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment & Land Case E003 of 2023
GMA Ongondo, J
March 6, 2023
Between
Peter Owuor Dache
Plaintiff
and
Akiri Ajungu Odero Alias Odero Ajungu
Defendant
Ruling
1. By a Notice of Motion application dated January 31, 2023 and lodged in court on February 2, 2023, the applicant through LK Obwanda and Company Advocates is seeking the following orders:a.Spentb.The interim orders of injunction do issue restraining the Defendant/Respondent himself, through his agents, assigns or anybody else deriving authority from Defendant/Respondent from entering into, disposing of, remaining in possession, and/or in any other way dealing with the suit properties being land parcel numbers Kabuoch/kachieng /394 pending the hearing and determination of this application inter-partes.c.That interim orders of injunction do issue restraining the Defendant /Respondent by himself, through his agents, assigns or anybody else deriving from the Defendant/Respondent from entering into, disposing of, remaining in possession and/or in any other way dealing with the suit property, being land parcel number Kabuoch/kachieng/394, pending the hearing and determination of the main suit.d.Costs.
2. The respondent, has not replied to the application. He has no objection to the granting of orders sought in the application. That they can dismiss with a view to resolving the matter herein.
3. LK Obwanda, learned counsel for the applicant has informed the court that discussion ongoing and urged the court to grant order number 3 sought in the application in the circumstances.
4. Having heard counsel for the applicant and the respondent in person, I am guided by in section 13 (7)(a) of the Environment and Land Court Act, 2015(2011) and the decision in Jan Bonde Nielsen v Nguruman Limited(2014) eKLR.
5. Clearly, the application is firm, and merited.
6. Accordingly, this application is hereby allowed in terms of interim orders of injunction as stated in paragraph 1 (c) hereinabove.
7. It is so ordered.
DELIVERED, DATED AND SIGNED THIS 6TH DAY OF MARCH 2023. G.M.A ONG’ONDOJUDGE