[2025] KEELC 555 (KLR)

[2025] KEELC 555 (KLR)

The appellate court found that while the respondent is the registered proprietor of the suit properties, the appellants have established occupation of a portion of the land, which was not contested. The trial court erred in granting a blanket injunction without considering the extent of occupation and the existence...

Source-derived case information.

Citation
[2025] KEELC 555 (KLR)
Parties
Appellant: Silas Wafula Ndalila; Appellant: Christine Maina Kweyu; Appellant: Alex Ndalila; Respondent: Cresters Kuloba Wambu
Court
Environment and Land Court
Court Station
Environment and Land Court at Bungoma
Jurisdiction
Kenya
Judgment Date
13 February 2025
Case Number
Environment and Land Appeal E013 of 2024
Procedural Posture
Environment and Land Appeal / Judgment on Appeal From Interlocutory Injunction Order
Outcome
Appeal allowed in part; trial court's injunction order set aside and suit transferred for consolidation; each party to bear own costs.
Judges
EC Cherono
Legal Topics
Temporary Injunctions, Adverse Possession, Sub Judice, Consolidation of Suits, Proprietary Rights
Source Language
english
Land and Property Civil Procedure Temporary Injunctions Adverse Possession Sub Judice Consolidation of Suits Proprietary Rights

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Summary, issues, holding and outcome

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Parties

Silas Wafula Ndalila

Appellant

Christine Maina Kweyu

Appellant

Alex Ndalila

Appellant

Cresters Kuloba Wambu

Respondent

Procedural Posture

Environment and Land Appeal / Judgment on Appeal From Interlocutory Injunction Order

Legal Issues

  1. 1 Whether the trial court properly exercised its discretion in granting a temporary injunction restraining the appellants from interfering with the suit properties.
  2. 2 Whether the suit before the trial court was sub judice in light of a pending related suit between the same parties.
  3. 3 Whether the appellants' occupation and use of the suit properties entitled them to protection pending determination of the main suit.

Ratio Decidendi

The appellate court found that while the respondent is the registered proprietor of the suit properties, the appellants have established occupation of a portion of the land, which was not contested. The trial court erred in granting a blanket injunction without considering the extent of occupation and the existence of a related suit raising the issue of adverse possession. The court held that the two suits involve the same subject matter and parties, and proceeding separately would risk conflicting decisions. The proper course is to restrict the appellants' occupation to the area where they have constructed their home, transfer the lower court suit for consolidation with the related suit,...

Court Disposition

Appeal allowed in part; trial court's injunction order set aside and suit transferred for consolidation; each party to bear own costs.

Orders

  • The appellants shall restrict their occupation and use to the area where they have constructed their home with reasonable allowance as to the existing access road.
  • Bungoma CM-ELC E019 of 2024 shall be transferred to the Environment and Land Court for consolidation with Bungoma ELC(OS) E005 of 2004.