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ELCOtherNot stated in judgment· [2023] KEELC 336 (KLR)

Odeny v Odeny & 3 others (Environment & Land Case 8 of 2022) [2023] KEELC 336 (KLR)

Environment and Land Court
18 January 2023
GOG.M.A Ong'ondo
213 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Environment and Land Court in Homa-Bay froze all dealings on four disputed land parcels, blocking both sides from selling, transferring or charging them until the case is decided.

What this practically means

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Executive summary

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This is a short interlocutory ruling of the Environment and Land Court at Homa-Bay (Ong'ondo, J) delivered on January 18, 2023 on a Notice of Motion dated November 10, 2022 in which the plaintiff/applicant sought a temporary injunction against the defendants/respondents over four parcels of land, LR Homa-Bay/Kothidha/4373, 4374, 4375 and 4376. The court invoked Article 159(2)(b) and (d) of the Constitution and section 13(7)(a) of the Environment and Land Court Act, 2015 and issued preservation orders: the parties were directed to maintain status quo over the suit parcels pending the hearing and determination of the suit; both sides were expressly restrained from selling, alienating, transferring, charging, leasing or otherwise parting with the land; and an inhibition was ordered to be placed on or over the parcels, with the Land Registrar, Homa-Bay to be served for action. The suit was fixed for further directions on February 27, 2023. The ruling contains no analysis of the injunction principles (prima facie case, irreparable harm, balance of convenience), no citation of authorities, no costs order, and does not state the parties' names or the case number. Ms. Adingo (holding brief for Amuga) appeared for the plaintiff and Ochieng (holding brief for Kariuki) for the defendants; Okello and Mutiva were the court assistants.

Key legal issues

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Interim preservation of suit land

Holding

Status quo ordered over the four parcels, restraining dealings by both sides, reinforced by an inhibition registered over the titles

Reasoning

Exercising jurisdiction under Article 159(2)(b) and (d) of the Constitution and section 13(7)(a) of the Environment and Land Court Act, the court issued interim preservation orders rather than a formal injunction, restraining both plaintiff and defendants from any sale, alienation, transfer, charge or lease pending full hearing. Directions were given for February 27, 2023.

p. 1

Legal principles established

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  • The court may preserve suit land by ordering status quo coupled with an inhibition pending trial

Court orders

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  1. 1.Parties to maintain status quo over LR Homa-Bay/Kothidha/4373, 4374, 4375 and 4376 pending hearing and determination of the suit
  2. 2.Neither party to sell, alienate, transfer, charge, lease or part with the suit parcels during that period
  3. 3.An inhibition be placed on or over the suit parcels and the Land Registrar Homa-Bay to be served for action
  4. 4.Suit fixed for further directions on February 27, 2023

Authorities

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Legislation

  • Constitution of Kenya, 2010Article 159(2)(b) and (d)
  • Environment and Land Court ActSection 13(7)(a)
Jurisdiction invoked
Article 159(2)(b) and (d) of the Constitution of Kenya, 2010 and section 13(7)(a) of the Environment and Land Court Act

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, "Odeny v Odeny & 3 others (Environment & Land Case 8 of 2022) [2023] KEELC 336 (KLR)", Case Analysis (2023). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/336/eng@2023-01-18

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