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ELCAllowednot_stated_in_judgment· [2019] KEELC 10 (KLR)
Daniel A. Onyango v Dominion Farms Limited & 2 others [2019] KEELC 10 (KLR)
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·~2 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#The Petitioner, a nationwide umbrella body representing sugar plantation and factory workers in the sugar sector, petitioned the Environment and Land Court concerning the development of a Local Part Development Plan (PDP) for Yala Swamp. It alleged that residents of the Yala Swamp Communities had earlier obtained a decision before the National Land Commission directing the Ministry of Land and Physical Planning and the County Government of Siaya to resurvey the swamp to determine the acreage under Dominion Farm and restore any excess land to the affected communities. The Petitioner complained that the Respondents developed the PDP in exclusion of key stakeholders and residents, without a resurvey, in breach of Section 25 of the Physical Planning Act and Articles 47(1), 26, 28, 40 and 43(e) of the Constitution, and that boundaries of Dominion Farms had been extended beyond the land allocated, threatening evictions from ancestral land. The Petitioner sought a declaration that the PDP process was illegal, a mandatory injunction compelling implementation of the National Land Commission decision and a resurvey before the PDP is approved, and costs. The court framed a single issue: whether the Petitioner's prayers should be granted. Although the Respondents entered appearance, none filed a defence or submissions despite being afforded time at a mention on 10th September 2019. The court held that the absence of a defence amounted to a concession of the claims, and granted the orders sought with costs to the Petitioner.
Key legal issues
#01
Whether the prayers for declaration and mandatory injunction should be granted where the Respondents filed no defence
Holding
The prayers were granted as undefended, the Respondents' failure to plead amounting to concession of the Petitioner's claims.
Reasoning
The Respondents entered appearance but, despite being given time at a mention on 10th September 2019 to file a defence and submissions, did not do so. The court treated the absence of any defence as an admission of the Petitioner's allegations regarding the development of the Local Part Development Plan without a survey and non-implementation of the National Land Commission decision, and accordingly allowed the petition with costs to the Petitioner.
p. 2
Legal principles established
#- Failure to file a defence despite entering appearance amounts to concession of the claims made, warranting grant of the orders sought.
Court orders
#- 1.Declaration that the ongoing process of developing the Local Part Development Plan for Yala Swamp without carrying out a survey as envisaged under Section 25 of the Physical Planning Act is illegal
- 2.Order of mandatory injunction to ensure the decision of the National Land Commission is implemented, a resurvey done, and excess land allocated to the Communities before the Local Part Development Plan is developed and approved
- 3.Any other orders to remedy the violation of the Petitioner's fundamental rights
- 4.Respondents to bear the costs of the petition
- Jurisdiction invoked
- not_stated_in_judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Daniel A. Onyango v Dominion Farms Limited & 2 others [2019] KEELC 10 (KLR)", Case Analysis (2019). not_stated_in_judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/10/eng@2019-12-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.