[2023] KEELC 17767 (KLR)
The court found that the plaintiffs' application for a status quo order was meritorious and justified under Section 13(7)(a) of the Environment and Land Court Act, 2011, and relevant case law. Given that the defendant did not oppose the application, and to preserve the integrity of the suit land pending the hearing...
Source-derived case information.
- Citation
- [2023] KEELC 17767 (KLR)
- Parties
- Plaintiff: Andrew Otieno Ogwang; Plaintiff: Tom Ochola Odhiambo; Plaintiff: Grace Akinyi Okinda; Plaintiff: Lucy Atieno Ochieng; Defendant: Tom Odak
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 28 of 2021
- Procedural Posture
- Environment and Land Case / Interlocutory Application for Status Quo Order Pending Hearing and Determination of Suit
- Outcome
- Status quo order granted; parties restrained from dealing with the suit land pending determination of the suit.
- Judges
- GMA Ongondo
- Legal Topics
- Status Quo Orders, Interlocutory Injunctions, Estate Administration, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Andrew Otieno Ogwang
Plaintiff
Tom Ochola Odhiambo
Plaintiff
Grace Akinyi Okinda
Plaintiff
Lucy Atieno Ochieng
Plaintiff
Tom Odak
Defendant
Procedural Posture
Environment and Land Case / Interlocutory Application for Status Quo Order Pending Hearing and Determination of Suit
Legal Issues
- 1 Whether a status quo order should be issued to preserve the suit land pending the hearing and determination of the main suit.
- 2 Whether the parties should be restrained from dealing with the suit land, including selling, charging, subdividing, or transferring it, during the pendency of the suit.
Ratio Decidendi
The court found that the plaintiffs' application for a status quo order was meritorious and justified under Section 13(7)(a) of the Environment and Land Court Act, 2011, and relevant case law. Given that the defendant did not oppose the application, and to preserve the integrity of the suit land pending the hearing and determination of the main suit, the court ordered that the status quo be maintained. Specifically, the parties are restrained from selling, charging, subdividing, or transferring the suit parcels Central Kasipul/Kamuma/5844, 5845, 5846, and 5847 until the suit is resolved.
Court Disposition
Status quo order granted; parties restrained from dealing with the suit land pending determination of the suit.
Orders
- Status quo to be maintained over land parcels Central Kasipul/Kamuma/5844, 5845, 5846, and 5847 pending hearing and determination of the suit.
- Parties are restrained from selling, charging, subdividing, or transferring the suit land during the pendency of the suit.
Full Case Text
Judgment text and source record
28 paragraphs
Ogwang & 3 others v Odak ((Sued in his capacity as the legal representative and an administrator of the Estate of Zilpah Odak (Deceased)) (Environment & Land Case 28 of 2021) [2023] KEELC 17767 (KLR) (24 May 2023) (Ruling)
Neutral citation: [2023] KEELC 17767 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment & Land Case 28 of 2021
GMA Ongondo, J
May 24, 2023
(FORMERLY MIGORI ELC CASE NO. 48 OF 2017)
Between
Andrew Otieno Ogwang
1st Plaintiff
Tom Ochola Odhiambo
2nd Plaintiff
Grace Akinyi Okinda
3rd Plaintiff
Lucy Atieno Ochieng
4th Plaintiff
and
Tom Odak
Defendant
(Sued in his capacity as the legal representative and an administrator of the Estate of Zilpah Odak (Deceased)
Ruling
1. Mr. Ochwangi learned counsel for the plaintiff has sought an order of status quo to be maintained over the suit land reference numbers Central Kasipul/Kamuma/5844, 5845, 5846 and 5847 pending the hearing and determination of this suit.
2. Mr. R. Ochieng learned counsel for the respondent has no objection to the application for status quo order.
3. In that regard, the plaintiff’s application is meritorious bearing in mind Section 13 (7) (a) of the Environment and Land Act, 2015 (2011) and other relevant provisions of the law; see alsoOgada -versus- Mollin (2009) eKLR 620.
4. A fortiori, the parties to maintain status quo over the suit parcels of land reference numbers Central Kasipul/Kamuma/5844, 5845, 5846 and 5847 pending the hearing and determination of this suit. In particular, the parties shall not sell, charge subdivision and transfer of the suit reference numbers during the said period.
5. It is so ordered.
G.M.A ONG’ONDOJUDGEDELIVERED, DATED AND SIGNED AT HOMABAY THIS 24TH DAY OF MAY 2023. PRESENT.1. Mr. B. Mulisa holding brief for Ochwangi for Plaintiff.2. Mr. Ochieng holding brief for Odingo for defendant.3. Court Assistant, Mutiva