[2023] KEELC 336 (KLR)
The court found that it was necessary to preserve the suit parcels of land pending the hearing and determination of the main suit. The court exercised its discretion under the Constitution and the Environment and Land Court Act to order maintenance of status quo and issue an inhibition over the suit properties. This...
Source-derived case information.
- Citation
- [2023] KEELC 336 (KLR)
- Parties
- Plaintiff: Moses Jack Opiyo Odeny; Defendant: Filida Aoko Odeny; Defendant: Fredrick Omondi Odeny; Defendant: Edwina Atieno Odeny; Defendant: Beatrice Adhiambo Ochola
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 8 of 2022
- Procedural Posture
- Environment and Land Case / Ruling on Interlocutory Injunction Application
- Outcome
- Interlocutory injunction granted; status quo and inhibition orders issued pending hearing and determination of the suit.
- Judges
- GMA Ongondo
- Legal Topics
- Temporary Injunctions, Status Quo Orders, Land Disputes, Proprietary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Jack Opiyo Odeny
Plaintiff
Filida Aoko Odeny
Defendant
Fredrick Omondi Odeny
Defendant
Edwina Atieno Odeny
Defendant
Beatrice Adhiambo Ochola
Defendant
Procedural Posture
Environment and Land Case / Ruling on Interlocutory Injunction Application
Legal Issues
- 1 Whether the plaintiff is entitled to a temporary injunction restraining the defendants from dealing with the suit parcels of land pending determination of the suit.
- 2 Whether status quo should be maintained over the suit parcels of land until the suit is heard and determined.
- 3 Whether an inhibition order should be issued over the suit parcels of land.
Ratio Decidendi
The court found that it was necessary to preserve the suit parcels of land pending the hearing and determination of the main suit. The court exercised its discretion under the Constitution and the Environment and Land Court Act to order maintenance of status quo and issue an inhibition over the suit properties. This was to prevent any party from dealing with the land in a manner that could prejudice the rights of the parties or render the outcome of the suit nugatory. The court clarified that neither the plaintiff nor the defendants should sell, alienate, transfer, charge, lease, or otherwise part with the suit parcels during the pendency of the suit, and directed the Land Registrar to be...
Court Disposition
Interlocutory injunction granted; status quo and inhibition orders issued pending hearing and determination of the suit.
Orders
- Parties to maintain status quo over LR numbers Homa-Bay/Kothidha/4373, 4374, 4375 and 4376 pending hearing and determination of the suit.
- Plaintiff and defendants shall not sell, alienate, transfer, charge, lease or in any manner part with the suit parcels of land during the pendency of the suit.
Full Case Text
Judgment text and source record
28 paragraphs
Odeny v Odeny & 3 others (Environment & Land Case 8 of 2022) [2023] KEELC 336 (KLR) (18 January 2023) (Ruling)
Neutral citation: [2023] KEELC 336 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment & Land Case 8 of 2022
GMA Ongondo, J
January 18, 2023
Between
Moses Jack Opiyo Odeny
Plaintiff
and
Filida Aoko Odeny
1st Defendant
Fredrick Omondi Odeny
2nd Defendant
Edwina Atieno Odeny
3rd Defendant
Beatrice Adhiambo Ochola
4th Defendant
Ruling
1. I have heard counsel for the respective parties in respect of Notice of Motion dated November 10, 2022 for a temporary Injunction against the defendants/respondents.
2. In view of Article 159 (2) (b) and (d) of the Constitutionof Kenya, 2010, section 13(7) (a) of the Environment and Land Court Act, 2015 (2011), the Notice of Motion is hereby determined infra.
3. In that regard, the parties herein to maintain status quo over the suit parcels of land, LR numbers Homa-Bay/ Kothidha/4373, 4374, 4375 and 4376 pending the hearing and determination of this suit.
4. For clarity, the plaintiff/applicant and the defendants/respondents shall not sell, alienate, transfer, charge, lease or in any manner part with the suit parcels of land during the period stated in paragraph 3 herein above.
5. Further, there be inhibition on or over the suit parcels of land and the land Registrar Homa-Bay be served for action accordingly.
6. Suit fixed for further directions on February 27, 2023.
7. It is so ordered.
DELIVERED, DATED AND SIGNED AT HOMA-BAY THIS 18TH DAY OF JANUARY 2023. G.M.A ONG’ONDOJUDGEPresent.1. Ochieng holding brief for Kariuki, learned counsel for the defendant.2. Ms. Adingo holding brief for Amuga learned counsel for plaintiff3. C/A: Okello and Mutiva