Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCDismissedNotice of motion dated 4th July 2014 (suit land parcel Kisumu/Rata/1367)· [2016] KEELC 502 (KLR)

John Owuor Akach v Joseph Oloo Akach & 2 others [2016] KEELC 502 (KLR)

Environment and Land Court
5 October 2016
488 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

#

A Kenyan court refused to stop family members occupying jointly owned land, ruling the applicant hadn't shown a strong enough case.

What this practically means

#

Executive summary

#
The Applicant, John Owuor Akach, moved the Environment and Land Court by notice of motion dated 4th July 2014 seeking to restrain Joseph Oloo Akach, Eudia Anyango and Collins Nyariro Akach from trespassing on or interfering with his use of land parcel Kisumu/Rata/1367 pending the hearing and determination of the suit. The application was supported by his affidavit sworn on 8th July 2014 and opposed through a joint replying affidavit sworn on 26th October 2015. The court, S.M. Kibunja J, identified two issues: whether the Applicant had made out a case for an interlocutory injunction, and who should bear the costs. The court found that the parties are family members, being the sons and widow of the late Shadrack Akach Akach. Although the Applicant alleged the Respondents entered the land in 2011, the Respondents asserted they had occupied it for many years and were in occupation when Shadrack Akach Akach died. Further, though the Applicant was one of three registered proprietors, the other two gave no indication of supporting his application or objecting to the Respondents' occupation. The court held the Applicant had not established a prima facie case for a temporary injunction and directed that the parties maintain the existing state of occupation pending trial. To foster family unity, each party was ordered to bear its own costs, and the motion was dismissed on 5th October 2016.

Key legal issues

#
01

Whether the Applicant established a prima facie case for a temporary injunction

Holding

No temporary injunction granted; the Applicant failed to establish a prima facie case at the interlocutory stage

Reasoning

The Applicant was one of three registered proprietors, but the other two neither supported his application nor objected to the Respondents' occupation. The Respondents disputed the claim that they entered the land in 2011, asserting long occupation predating the death of Shadrack Akach Akach. In view of these findings, the court held the status quo should be preserved pending full hearing.

p. 2
02

Costs of the notice of motion

Holding

Each party to bear their own costs

Reasoning

The parties are family members - sons and widow of the late Shadrack Akach Akach. To foster unity among them, the court declined to award costs against the Respondents and directed each party to bear its own costs of the motion.

p. 2

Legal principles established

#
  • To obtain an interlocutory temporary injunction an applicant must establish a prima facie case with a probability of success at the interlocutory stage
  • Where co-registered proprietors do not support an applicant's injunction application against parties in long occupation, the status quo of occupation should be maintained pending trial

Court orders

#
  1. 1.The notice of motion dated 4th July 2014 is dismissed
  2. 2.Each party to bear their own costs of the notice of motion
Jurisdiction invoked
Environment and Land Court jurisdiction over disputes relating to land parcel Kisumu/Rata/1367

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "John Owuor Akach v Joseph Oloo Akach & 2 others [2016] KEELC 502 (KLR)", Case Analysis (2016). Notice of motion dated 4th July 2014 (suit land parcel Kisumu/Rata/1367). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2016/502/eng@2016-10-05

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