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Court of AppealPartially AllowedNot stated in the judgment· [2024] KECA 302 (KLR)

Damaris Ayomo Okumu v The District Land Registrar, Rachuonyo & 4 others

Court of Appeal of Kenya
19 March 2024
HOHannah OkwenguHOH. A. OmondiMGM. Gachoka
395 words in judgment
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The bottom line

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Kenya's Court of Appeal protected a landowner's house and fence from eviction pending appeal, but kept new boundary beacons in place.

What this practically means

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Executive summary

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This is a brief ex tempore ruling of the Court of Appeal at Kisumu (Okwengu, Omondi and Gachoka JJA) delivered on 19th March 2024 on a Notice of Motion dated 22nd January 2024 by the applicant, Damaris Ayomo Okumu. She sought an interlocutory injunction pending an appeal against the judgment of the Environment and Land Court at Homabay delivered on 6th December 2023, which concerned the resurvey and alteration of boundaries on her parcel of land known as Central Kasipul/Kapchieng/1012 on 25th May 2023. She apprehended that the 4th and 5th respondents would evict her, demolish her house and destroy her perimeter fence in accordance with the new boundary. The respondents filed no reply or submissions and, although duly served with a hearing notice, none attended; only counsel for the applicant appeared. The court granted the application, but in terms narrower than those sought: instead of restoring the position as it existed before the 25th May 2023 resurvey, it ordered maintenance of the status quo as at the date of the ruling, preserving both the new beacons and the applicant's house and perimeter wall/fence until the appeal is heard and determined. Costs of the application were made to abide the appeal. The ruling is interlocutory and contains no discussion of authorities or the merits of the appeal.

Key legal issues

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01

Whether an interlocutory injunction should issue to preserve the status quo pending an appeal against a land-boundary judgment

Holding

The court granted a status-quo injunction preserving both the new beacons and the applicant's house and perimeter fence until the appeal is heard and determined.

Reasoning

The applicant was aggrieved by the ELC at Homabay judgment and had filed a notice of appeal. She apprehended demolition of her house and fence in accordance with a newly purportedly established boundary. None of the respondents filed a reply or submissions, and although duly served, none attended the hearing. Being unopposed, the court granted the application in modified terms maintaining the existing status quo rather than the pre-resurvey position sought.

p. 2

Legal principles established

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    Court orders

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    1. 1.An injunction in favour of the applicant against the 4th and 5th respondents to the effect that the new beacons which are in place shall remain in place, and the applicant's house and perimeter wall/fence shall remain in place until the appeal is heard and determined
    2. 2.Costs of the application shall abide the appeal
    On appeal from
    Environment and Land Court at Homabay
    Not stated in the judgment
    Jurisdiction invoked
    Appellate jurisdiction of the Court of Appeal over an intended appeal from the Environment and Land Court, on a notice of appeal filed; the judgment does not cite a specific constitutional or statutory provision.

    Key timeline

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    Practical implications

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    Frequently asked questions

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    Cite this brief

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    Cite this brief

    Caselaw, "Damaris Ayomo Okumu v The District Land Registrar, Rachuonyo & 4 others", Case Analysis (2024). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2024/302/eng@2024-03-19

    Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.