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ELCDismissedNot stated in the judgment· [2022] KEELC 1518 (KLR)

Were Odhul v Shem Owuor Othina [2022] KEELC 1518 (KLR)

Environment and Land Court
25 January 2022
293 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~1 min to read original · ~4 min brief

The bottom line

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The Homa Bay Environment and Land Court refused a site visit, ruling that clear existing court orders restated and kept in force were enough to protect the disputed land.

What this practically means

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Executive summary

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This short ruling of the Environment and Land Court at Homa Bay, delivered by G.M.A Ong'ondo J on 25th January 2022, dealt with the plaintiff's (Were Odhul, appearing in person) application for a proposed visit to the disputed parcel of land, LR No. Kanyamwa/K/K/Kadwet/1469, to confirm compliance with orders of 8th March 2013, in light of alleged activities on the suit land contrary to those orders. The defendant, through Mr. Oyoo, counsel, indicated that he and the defendant had only been made aware of the orders during the last hearing and undertook to ensure that the status quo over the suit land was maintained. The court noted that the ruling of 8th March 2013 had been made in the presence of the plaintiff but in the absence of the defendant, and that the orders were very clear. The court found the plaintiff's prayer not merited in the obtaining scenario and disallowed it. For clarity, the court ordered and directed the parties to comply with the orders of 8th March 2013, which it restated, and directed that the parties maintain the status quo over the suit land in line with the previous court orders pending the hearing and determination of the suit, citing Hutchings Biermer Limited v Barclays Bank of Kenya Limited and 2 others (2006) eKLR on the preservation purpose of such orders. No costs order was made.

Key legal issues

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01

Whether a site visit was necessary to confirm compliance with existing preservation orders

Holding

The prayer was disallowed; the existing orders were clear and their restatement, with status quo maintained, sufficed

Reasoning

The court considered that the ruling of 8th March 2013 was made in the presence of the plaintiff and in the absence of the defendant, who had only recently become aware of the orders. The orders were described as very clear and the court opted to restate them and direct maintenance of the status quo rather than accede to the plaintiff's request for a visit to the suit land.

p. 1

Legal principles established

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  • Interim orders preserving suit land are aimed at maintaining the status quo pending hearing and determination of the suit

Court orders

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  1. 1.The parties to comply with this court's orders of 8th March 2013, which were restated
  2. 2.The parties to maintain the status quo over the suit land in line with the previous court orders, pending the hearing and determination of the suit
  3. 3.Prayer by the plaintiff disallowed

Authorities

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Cases cited (1)

  • Hutchings Biermer Limited –versus- Barclays Bank of Kenya Limited and 2 others
    (2006) eKLR
Jurisdiction invoked
Original jurisdiction over the pending suit; ruling on an interlocutory application to visit the suit land

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, "Were Odhul v Shem Owuor Othina [2022] KEELC 1518 (KLR)", Case Analysis (2022). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/1518/eng@2022-01-25

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