[2019] KEHC 6886 (KLR)
The court found that, given the ongoing appeal and the need to preserve the subject matter (the disputed land), it was just and equitable to prohibit both parties from working on the land until the appeal is heard and determined. The court also considered the respondents' willingness to comply with court orders and...
Source-derived case information.
- Citation
- [2019] KEHC 6886 (KLR)
- Parties
- Appellant: John Omollo Anyango; Appellant: Daniel Asila Anyango; Respondent: Topaz Wandae Odero; Respondent: Consolata Anyango Kabwoga; Respondent: Fredrick O. Omboko
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 7 of 2019
- Procedural Posture
- Civil Appeal / Interlocutory Ruling on Stay and Directions Pending Appeal
- Outcome
- Interlocutory orders granted; both parties restrained from working on the land; contempt application stayed; directions for submissions issued.
- Judges
- RE Aburili
- Legal Topics
- Succession Disputes, Interlocutory Injunctions, Contempt of Court, Land Possession, Family Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Omollo Anyango
Appellant
Daniel Asila Anyango
Appellant
Topaz Wandae Odero
Respondent
Consolata Anyango Kabwoga
Respondent
Fredrick O. Omboko
Respondent
Procedural Posture
Civil Appeal / Interlocutory Ruling on Stay and Directions Pending Appeal
Legal Issues
- 1 Whether both parties should be restrained from working on the disputed land pending determination of the appeal.
- 2 Whether the application for contempt of court should be stayed.
- 3 What directions should be given for the expeditious hearing of the appeal.
Ratio Decidendi
The court found that, given the ongoing appeal and the need to preserve the subject matter (the disputed land), it was just and equitable to prohibit both parties from working on the land until the appeal is heard and determined. The court also considered the respondents' willingness to comply with court orders and their unrepresented status. The application for contempt was stayed to avoid prejudicing the appeal. Directions were issued for the filing of written submissions to ensure expeditious disposal of the appeal, with flexibility for oral submissions for the unrepresented respondents.
Court Disposition
Interlocutory orders granted; both parties restrained from working on the land; contempt application stayed; directions for submissions issued.
Orders
- Both parties to the appeal are prohibited from working on the disputed portion of land subject of the Succession Cause until the appeal is heard and determined.
- The application for contempt of court as filed is stayed.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CIVIL APPEAL NO. 7 OF 2019
(CORAM: R. E. ABURILI - J.)
JOHN OMOLLO ANYANGO..........1ST APPELLANT/APPLICANT
DANIEL ASILA ANYANGO............2ND APPELLANT/APPELLANT
VERSUS
TOPAZ WANDAE ODERO.....................................1ST RESPONDENT
CONSOLATA ANYANGO KABWOGA................2NDRESPONDENT
FREDRICK O. OMBOKO......................................3RD RESPONDENT
(Being an Appeal against Judgment dated 20/12/2018 in Succession Cause No. 36 of 2016
at Siaya Principal Magistrate’s Court before Hon. J. Ongondo, PM)
RULING
1. The feuding parties are close family members with the Respondents claiming that they were assigned the land by the trial court and that is why they are tilling it. The Applicants on other hand claim the Respondents have flouted Court Orders on stay.
2. Having heard and seen both parties in court, and the fact of the Respondent not being represented by an advocate, and the Respondents indicating that they are ready to obey Court orders, I hereby order that both parties to this appeal are hereby prohibited from working on the disputed portion of land subject of the Succession Cause until this appeal is heard and determined.
3. The Application for contempt of court as filed is hereby stayed.
4. As the trial court record and record of appeal are now available before this court, I hereby admit this appeal to hearing and direct the parties to file written submissions to dispose of the appeal.
5. The Appellant to file and serve submissions on the Respondents within 10 days of today. The Respondents will have 10 days of date of service to file and serve their written submissions. They are however, at liberty to urge their opposition to the appeal by way of oral submissions as they are unrepresented.
6. Mention on 29th April 2019 to confirm compliance / highlighting and to fix a judgment date.
Orders accordingly.
Dated, Signed and Delivered in Open Court at Siaya this 3rd Day of April 2019.
R.E. ABURILI
JUDGE