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ELCDismissedNotice of motion dated 16th February 2017 (ELC, Siaya; suit over L.R. Nos. Nyangoma/Uyawi/3496, 3497, 3713)· [2018] KEELC 4563 (KLR)

Martin Oloo Obonyo v Walter Ombeng Okello & 2 others [2018] KEELC 4563 (KLR)

Environment and Land Court
7 February 2018
712 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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Martin Oloo Obonyo, the Plaintiff, moved the Environment and Land Court by notice of motion dated 16th February 2017 seeking a temporary injunction restraining Walter Ombeng Okello, the Land Registrar Siaya and the Attorney General from remaining in, occupying or doing any act on land parcels L.R. Nos. Nyangoma/Uyawi/3496, 3497 and 3713, formerly Nyangoma/Uyawi/2405, pending full hearing of the suit. The 1st Defendant opposed the application through a replying affidavit sworn on 6th July 2017, and counsel for both sides made oral submissions on 17th October 2017. The court framed two issues: whether the Plaintiff had made out a prima facie case with a probability of success, and who should bear costs. Justice S.M. Kibunja found that the suit lands had been litigated in several foras since adjudication commenced, with a Minister's award quashed by judicial review, and recalled the court's ruling of 31st January 2018 in Kisumu ELC No. 141 of 2017 involving substantially the same parties and issues, suggesting consolidation. Critically, the court held that the lands remain subject to ongoing adjudication under Sections 28 and 29 of the Land Adjudication Act (Cap 284), and the Plaintiff was required to obtain the Adjudication Officer's written consent before filing suit but did not. The application was accordingly dismissed with costs.

Key legal issues

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01

Whether the Plaintiff established a prima facie case with a probability of success for a temporary injunction

Holding

The application was dismissed because the suit lands remain subject to adjudication and no consent of the Adjudication Officer was obtained before filing suit.

Reasoning

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.

p. 2

Legal principles established

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  • 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

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  1. 1.The Plaintiff's notice of motion dated 16th February 2017 is found to be without merit and is dismissed with costs

Authorities

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Legislation

  • Land Adjudication ActSections 28 and 29
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

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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, "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.