[2023] KEELC 16809 (KLR)

[2023] KEELC 16809 (KLR)

The court found that the plaintiff had established a prima facie case with a probability of success based on his claim of adverse possession and long, uninterrupted occupation of the suit property. The court was satisfied that the plaintiff would suffer irreparable harm, including loss of sentimental value and disturbance of family graves, which could not be adequately compensated by damages if the defendant was allowed to interfere with the property. The balance of convenience favored the plaintiff, as the inconvenience to him would be greater than to the defendant if the injunction was not granted. The court also found that the plaintiff was entitled to an order of inhibition to...

Citation
[2023] KEELC 16809 (KLR)
Parties
Plaintiff: Erick Ochieng Sewe; Defendant: Michael Owino Ogutu
Court
Environment and Land Court
Court Station
Environment and Land Court at Siaya
Jurisdiction
Kenya
Judgment Date
13 April 2023
Case Number
Environment & Land Case E022 of 2022
Procedural Posture
Environment and Land Case / Ruling on Interlocutory Injunction Application
Outcome
Plaintiff's application for temporary injunction and inhibition granted.
Judges
AY Koross
Legal Topics
Adverse Possession, Temporary Injunctions, Interlocutory Orders, Land Registration, Quiet Possession
Source Language
English
Land and Property Civil Procedure Adverse Possession Temporary Injunctions Interlocutory Orders Land Registration Quiet Possession

Case Brief

Summary, issues, holding and outcome

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Parties

Erick Ochieng Sewe

Plaintiff

Michael Owino Ogutu

Defendant

Procedural Posture

Environment and Land Case / Ruling on Interlocutory Injunction Application

Legal Issues

  1. 1 Whether the plaintiff has met the threshold for grant of a temporary injunction restraining the defendant from interfering with land parcel North Ugenya/Sega/350 pending determination of the suit.
  2. 2 Whether the plaintiff is entitled to an order of inhibition restricting registration of any disposition in respect of the suit property.

Ratio Decidendi

The court found that the plaintiff had established a prima facie case with a probability of success based on his claim of adverse possession and long, uninterrupted occupation of the suit property. The court was satisfied that the plaintiff would suffer irreparable harm, including loss of sentimental value and disturbance of family graves, which could not be adequately compensated by damages if the defendant was allowed to interfere with the property. The balance of convenience favored the plaintiff, as the inconvenience to him would be greater than to the defendant if the injunction was not granted. The court also found that the plaintiff was entitled to an order of inhibition to...

Court Disposition

Plaintiff's application for temporary injunction and inhibition granted.

Orders

  • An order of temporary injunction is issued for one year restraining the defendant, his agents, employees, relatives, or any person deriving authority from him from entering, constructing on, alienating, cultivating, or in any manner interfering with the plaintiff’s quiet possession, ownership, and occupation of land...
  • An order of inhibition is issued restricting registration of any disposition in the register of land parcel North Ugenya/Sega 350 until the suit is heard and determined.