[2023] KEELC 15791 (KLR)
The court determined that, since both parties agreed to compromise the application, it was appropriate to grant orders maintaining the status quo over the suit land, Kasgunga/Kamreri/3783, pending the hearing and determination of the main suit. The court held that neither party should sell, charge, subdivide,...
Source-derived case information.
- Citation
- [2023] KEELC 15791 (KLR)
- Parties
- Applicant: Jared Otieno Odembo (Suing as the Legal Representative of Anton Osuma Odamna); Respondent: Joseph T. Oloo Ajwang
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E004 of 2023
- Procedural Posture
- Miscellaneous Application / Interlocutory Application for Interim Injunction
- Outcome
- Application compromised by consent; interim orders granted to maintain status quo.
- Judges
- GMA Ongondo
- Legal Topics
- Interim Injunctions, Maintenance of Status Quo, Land Disputes, Title Number Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jared Otieno Odembo (Suing as the Legal Representative of Anton Osuma Odamna)
Applicant
Joseph T. Oloo Ajwang
Respondent
Procedural Posture
Miscellaneous Application / Interlocutory Application for Interim Injunction
Legal Issues
- 1 Whether the applicant is entitled to interim injunctive relief to preserve the status quo over land parcel Kasgunga/Kamreri/3783 pending determination of the suit.
- 2 Whether the parties should be restrained from dealing with or altering the suit property until the suit is heard and determined.
Ratio Decidendi
The court determined that, since both parties agreed to compromise the application, it was appropriate to grant orders maintaining the status quo over the suit land, Kasgunga/Kamreri/3783, pending the hearing and determination of the main suit. The court held that neither party should sell, charge, subdivide, transfer, lease, or erect permanent structures on the property during this period. This approach aligns with the principle of preserving the subject matter of litigation to prevent irreparable harm or prejudice to either party before the substantive issues are resolved. The court referenced Ogada v Mollin [2009] KLR 620 as authority for maintaining the status quo in land disputes and...
Court Disposition
Application compromised by consent; interim orders granted to maintain status quo.
Orders
- The status quo prevailing on the suit land, Kasgunga/Kamreri/3783, shall be maintained by both parties pending the hearing and determination of the suit.
- Neither party shall sell, charge, subdivide, transfer, lease, or erect any permanent structure on any portion of the suit land pending the hearing and determination of the suit.
Full Case Text
Judgment text and source record
21 paragraphs
Odembo (Suing as the Legal Representative of Anton Osuma Odamna) v Ajwang (Environment & Land Case E004 of 2023) [2023] KEELC 15791 (KLR) (27 February 2023) (Ruling)
Neutral citation: [2023] KEELC 15791 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment & Land Case E004 of 2023
GMA Ongondo, J
February 27, 2023
IN THE MATTER OF LAND ACT (NO 6 OF 2012) AND IN THE MATTER OF THE LAND REGISTRATION ACT AND IN THE MATTER OF TITLE NUMBER LRA.KASGUNGA/KAMRERI/3783
Between
Jared Otieno Odembo (Suing as the Legal Representative of Anton Osuma Odamna)
Applicant
and
Joseph T. Oloo Ajwang
Respondent
Ruling
1. In a notice of motion application dated on February 13, 2023 and filed in court on February 20, 2023 through LK Obwanda and Company Advocates, the applicant is seeking interim orders of injunction against the respondent in respect of the suit land, reference number Kasgunga/Kamreri/3783 pending the hearing and determination of this suit.
2. The respondent has been served with the application. However, he is yet to respond to it.
3. Besides, the applicant’s counsel and the respondent have agreed to compromise, the application on the following terms.a)The status quo prevailing on the suit land be maintained by both parties pending the hearing and determination of this suit. See Ogada v Mollin [2009] KLR 620. b)For clarity, the parties herein shall not sell, charge, subdivide, transfer, lease any portion of the suit land and or erect any permanent structure on the suit land pending the hearing and determination of this suit.
4. The application is determined accordingly.
5. It is so ordered.
DELIVERED AND DATED AT HOMABAY THIS 27TH DAY OF FEBRUARY 2023G.M.A ONG’ONDOJUDGEPRESENT:1. L.K Obwanda, learned counsel for plaintiff/applicant2. Respondent- Present in person3. Court Assistant, Okello.