[2023] KEELC 20452 (KLR)
The court found that, in light of the parties' mutual agreement through counsel to maintain the status quo on the suit land pending the hearing and determination of the appeal, the application for restraining and eviction orders was compromised. The court ordered that the status quo be maintained, specifically...
Source-derived case information.
- Citation
- [2023] KEELC 20452 (KLR)
- Parties
- Appellant: Jane Oinga Obuya; Respondent: Awuor Okello; Respondent: Peter Ngere Okomba; Respondent: Daniel Odhiambo Okomba
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal E56 of 2022
- Procedural Posture
- Environment and Land Appeal / Interlocutory Application (ruling on Notice of Motion for Restraining and Eviction Orders Pending Appeal)
- Outcome
- Application compromised by consent; status quo to be maintained pending appeal.
- Judges
- GMA Ongondo
- Legal Topics
- Interlocutory Injunctions, Status Quo Orders, Eviction Orders, Trespass, Land Disputes
- 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
Jane Oinga Obuya
Appellant
Awuor Okello
Respondent
Peter Ngere Okomba
Respondent
Daniel Odhiambo Okomba
Respondent
Procedural Posture
Environment and Land Appeal / Interlocutory Application (ruling on Notice of Motion for Restraining and Eviction Orders Pending Appeal)
Legal Issues
- 1 Whether the applicant is entitled to restraining orders against the respondents to prevent trespass and interference with the suit land pending appeal.
- 2 Whether eviction orders should issue against the respondents at the interlocutory stage.
- 3 Whether the status quo should be maintained pending the hearing and determination of the appeal.
Ratio Decidendi
The court found that, in light of the parties' mutual agreement through counsel to maintain the status quo on the suit land pending the hearing and determination of the appeal, the application for restraining and eviction orders was compromised. The court ordered that the status quo be maintained, specifically restraining the respondents from erecting permanent structures, excavating, or destroying the suit land, and restraining the applicant from selling or disposing of the land during the pendency of the appeal. The compromise was in line with the constitutional principle of promoting alternative dispute resolution and efficient administration of justice. Costs of the application were...
Court Disposition
Application compromised by consent; status quo to be maintained pending appeal.
Orders
- The status quo obtaining on the suit land, LR No 1573/Kaksingir West 'B', shall be maintained pending the hearing and determination of this appeal.
- The respondents shall not erect any permanent structure, carry out any excavation, or destroy the suit land during this period.
Full Case Text
Judgment text and source record
27 paragraphs
Obuya v Okello & 2 others (Environment and Land Appeal E56 of 2022) [2023] KEELC 20452 (KLR) (3 October 2023) (Ruling)
Neutral citation: [2023] KEELC 20452 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment and Land Appeal E56 of 2022
GMA Ongondo, J
October 3, 2023
Between
Jane Oinga Obuya
Appellant
and
Awuor Okello
1st Respondent
Peter Ngere Okomba
2nd Respondent
Daniel Odhiambo Okomba
3rd Respondent
Ruling
1. This ruling is in respect to an application by way of Notice of motion (ex-parte) dated February 6, 2023 by the applicant/appellant, James Odinga Abuya through Madoro Khairalla and company Advocates pursuant to order 40 rule 1 and 2 and order 51 of the civil procedure rules section 1A, 1B and 3A of the Civil Procedure Act Cap 21 Laws of Kenya and any other enabling provisions of the law.
2. The applicant is seeking the following orders.a.Spentb.The Honourable Court do issue a restraining order to the defendants herein on their employees, servants or agents, hirelings or any other family members from trespassing, encroaching and/or intruding upon the suit parcel of land.c.The Honourable Court be pleased to issue eviction orders evicting the defendants herein this suit parcel of land number 1573/Kaksingri West ‘B’d.The Honourable Court do issue a restraining order to the defendant, their employees, servants, agents and hirelings from interfering, appropriating, ploughing, planting crops upon the suit parcel of land.e.The Honourable Court do issue restraining order restraining the defendant /respondents herein from interfering and/or destroying the boundaries upon the suit parcel of land
3. The three (3) respondents/defendants through Nancy Nyarige and Company Advocates opposed the application by way of a replying affidavit sworn on May 19, 2023 by the 3rd defendant, David Odhiambo Oyambo for and on behalf of himself and the other defendants.
4. Ms E.Kijana holding brief for N. Nyarige learned counsel for the respondents has proposed that:“…. may the Notice of Motion be disposed of by way of orders of status quo made on May 22, 2023 pending the hearing and determination of this appeal…”
5. Mr. Madoro learned counsel for the applicant has affirmed the respondents’ proposal.
6. In the circumstances, I find the application hereby compromised and determined thus:a.The status quo obtaining on the suit land, LR No 1573/Kaksingir West “B” be maintained pending the hearing and determination of this appeal. In particular, the respondents shall not erect any permanent structure thereon or carry out any excavation or destruction of the suit land and the applicant shall not sell or dispose of the land during the said period.b.Cost of the application to abide the outcome of this appeal.
7. The parties represented by their respective counsel are applauded for having moved this court to have this application determined in line with Article 159(2) (c) of the Constitution of Kenya, 2010 .
8. It is so ordered.
DELIVERED AND DATED AT HOMABAY THIS 3RD DAY OF OCTOBER 2023. G.M.A ONG’ONDOJUDGEIn the Presence of:1. Madoro, learned counsel for the applicant.2. Kijana holding brief for Nyarige learned counsel for respondents.3. Court Assistant, Luanga.