Martin Oloo Obonyo v Walter Ombeng Okello & 2 others [2018] KEELC 4563 (KLR)
The bottom line
#A Siaya landowner lost his injunction because he sued over land still under adjudication without first getting the Adjudication Officer's written consent.
What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiff established a prima facie case with a probability of success for a temporary injunction
The application was dismissed because the suit lands remain subject to adjudication and no consent of the Adjudication Officer was obtained before filing suit.
The court found the lands had been litigated in several foras up to the Minister's level, with the award quashed by judicial review, and that the lands remain unregistered and subject to ongoing adjudication. Section 28 and 29 of the Land Adjudication Act required the Plaintiff to obtain the Adjudication Officer's written consent before filing suit, which he failed to do. The court also noted a parallel suit (Kisumu ELC No. 141 of 2017) with substantially similar parties and issues, and suggested consolidation.
Legal principles established
#- A party must obtain the written consent of the Adjudication Officer before filing suit in court over land still subject to adjudication under Sections 28 and 29 of the Land Adjudication Act.
Court orders
#- 1.The Plaintiff's notice of motion dated 16th February 2017 is found to be without merit and is dismissed with costs
- Jurisdiction invoked
- Environment and Land Court jurisdiction over land disputes (limitation under Sections 28 and 29 of the Land Adjudication Act, Cap 284 considered)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Martin Oloo Obonyo v Walter Ombeng Okello & 2 others [2018] KEELC 4563 (KLR)", Case Analysis (2018). Notice of motion dated 16th February 2017 (ELC, Siaya; suit over L.R. Nos. Nyangoma/Uyawi/3496, 3497, 3713). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/4563/eng@2018-02-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.