[2024] KEELC 6302 (KLR)
The court determined that, given the applicant's claim of occupation and the threat of interference by the respondents, and in light of the respondents' lack of objection, it was appropriate to issue a status quo order to preserve the suit land pending the hearing and determination of the main suit. The court...
Source-derived case information.
- Citation
- [2024] KEELC 6302 (KLR)
- Parties
- Applicant: Johnes Magoiga Merengo; Respondent: Magoiga Singira; Respondent: Catherine Robi Sirincha (Sued as the Administrator of the Estate of Daniel Sirincha Singira Deceased)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Enviromental and Land Originating Summons E010 of 2024
- Procedural Posture
- Environment and Land Originating Summons / Interlocutory Application for Injunction; Ruling on Status Quo Order
- Outcome
- Status quo order granted; costs in the cause.
- Judges
- GMA Ongondo
- Legal Topics
- Injunctive Relief, Status Quo Orders, Trespass, Land Ownership Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Johnes Magoiga Merengo
Applicant
Magoiga Singira
Respondent
Catherine Robi Sirincha (Sued as the Administrator of the Estate of Daniel Sirincha Singira Deceased)
Respondent
Procedural Posture
Environment and Land Originating Summons / Interlocutory Application for Injunction; Ruling on Status Quo Order
Legal Issues
- 1 Whether the applicant is entitled to a temporary injunction restraining the respondents from interfering with LR NO. Nyabasi/Busonga/320 pending determination of the suit.
- 2 Whether a status quo order should be issued in lieu of an injunction to preserve the subject matter of the dispute.
Ratio Decidendi
The court determined that, given the applicant's claim of occupation and the threat of interference by the respondents, and in light of the respondents' lack of objection, it was appropriate to issue a status quo order to preserve the suit land pending the hearing and determination of the main suit. The court exercised its statutory power under Section 13(7)(a) of the Environment and Land Court Act to ensure that the subject matter of the dispute—LR NO. Nyabasi/Busonga/320—remains intact and is not sold, charged, transferred, or subdivided. This approach prevents irreparable harm and maintains the rights of all parties until the substantive issues are resolved at trial.
Court Disposition
Status quo order granted; costs in the cause.
Orders
- A status quo order is issued over LR NO. Nyabasi/Busonga/320 pending the outcome of the suit.
- The parties shall not sell, charge, transfer, or subdivide the suit land pending the hearing and determination of this suit.
Full Case Text
Judgment text and source record
25 paragraphs
Merengo v Singira & another (Enviromental and Land Originating Summons E010 of 2024) [2024] KEELC 6302 (KLR) (25 September 2024) (Ruling)
Neutral citation: [2024] KEELC 6302 (KLR)
Republic of Kenya
In the Environment and Land Court at Migori
Enviromental and Land Originating Summons E010 of 2024
GMA Ongondo, J
September 25, 2024
Between
Johnes Magoiga Merengo
Applicant
and
Magoiga Singira
1st Respondent
Catherine Robi Sirincha (Sued as the Administrator of the Estate of Daniel Sirincha Singira Deceased)
2nd Respondent
Ruling
1. By notice of motion dated 15th February 2024, the applicant through M/s. Brian Mboya and Company Advocates, is seeking the orders thus;-a.A temporary order of injunction do issue against the respondents from trespassing, building, fencing, excavating, cultivating, demolishing and/or erecting structures on a portion of LR NO. Nyabasi/Busonga/320 measuring 3 Acres occupied by the applicant until this suit is heard and determined.b.That costs of this application be provided for.
2. The motion is anchored upon the applicant’s affidavit of 29 paragraphs of even date and 21 grounds on the face of it. The grounds include that;-A.The LR NO. Nyabasi/Busonga/320 (hereinafter referred to as the suit land) is registered in the name of the Deceased, Daniel Sirincha Singira.B.For clarity, the portion hitherto under the possession of the Plaintiff now falls within and comprises the suit land measuring approximately 3. 0 Acres.C.That the respondents are now threatening to invade the suit land and demolish and/or otherwise destroy the Applicant’s property thereon.D.That the applicant stands to suffer irreparable damage if the respondents are not compelled to halt the intended acts of trespass.
3. Mr. Singei learned counsel for the applicant has implored the court to grant status quo order in lieu of the injunction as sought in the application in respect of the suit land.
4. Mr. Momanyi instructed by Oonge learned counsel for the respondent has no objection to the status quo order proposed by the applicant’s counsel.
5. So, the motion is hereby determined in terms of status quo order to prevail over the suit land pending the outcome of the suit pursuant to Sections 13 (7) (a) of the Environment and Land Court Act 2015 (2011) and the decision in Ogada =vs= Mollin (2009) KLR 670.
6. For the avoidance of doubt, the parties shall not sell, charge, transfer, or subdivide the suit land pending the hearing and determination of this suit.
7. Costs of the motion in the cause.
8. It is so ordered
DATED AND DELIVERED AT MIGORI THIS 25TH DAY OF SEPTEMBER 2024G. M. A. ONGONDOJUDGEIn the presence of ;Mr. Singei learned counsel for the applicantMr. Momanyi instructed by Oonge learned counsel for respondentTom- Court Assistant