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ELCAllowedEnvironment & Land Case 28 of 2021 (Formerly Migori ELC Case No. 48 of 2017)· [2023] KEELC 17767 (KLR)
Ogwang & 3 others v Odak (Sued in his capacity as the legal representative and an administrator of the Estate of Zilpah Odak (Deceased))
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·~1 min to read original · ~4 min briefThe bottom line
#A Kenyan court froze all dealings in four disputed land parcels until the ownership case is fully heard, protecting the property from sale or subdivision.
What this practically means
#Executive summary
#In this short interlocutory ruling of the Environment and Land Court at Homa Bay, the four plaintiffs, through Mr. Ochwangi, sought an order that status quo be maintained over the suit parcels being Central Kasipul/Kamuma/5844, 5845, 5846 and 5847 pending the hearing and determination of the suit. Mr. R. Ochieng, counsel for the defendant, who is sued as the legal representative and administrator of the estate of Zilpah Odak (deceased), raised no objection to the application. The court, GMA Ongondo J, found the application meritorious, grounding its jurisdiction in Section 13(7)(a) of the Environment and Land Court Act, 2015 and citing Ogada v Mollin (2009) eKLR 620. The court ordered the parties to maintain status quo over the four suit parcels pending the hearing and determination of the suit, and in particular restrained them from selling, charging, subdividing or transferring the parcels during that period. The ruling was delivered, dated and signed at Homa Bay on 24 May 2023, with Mr. B. Mulisa holding brief for Ochwangi for the plaintiffs and Mr. Ochieng holding brief for Odingo for the defendant. No costs order was made. The ruling is unreasoned in substance, resting on the consent of both counsel and the statutory power to preserve the subject matter of the litigation.
Key legal issues
#01
Whether to preserve the position over the suit land pending trial
Holding
Status quo ordered; parties restrained from selling, charging, subdividing or transferring the suit parcels pending hearing and determination.
Reasoning
Counsel for the plaintiffs sought a status quo order over the four suit parcels. Counsel for the defendant did not object. The court found the application meritorious, invoking Section 13(7)(a) of the Environment and Land Court Act and the authority of Ogada v Mollin, and issued the restraint order.
p. 2
Legal principles established
#- The court may order maintenance of status quo over suit land pending hearing and determination under Section 13(7)(a) of the Environment and Land Court Act
Court orders
#- 1.Parties to maintain status quo over land parcels Central Kasipul/Kamuma/5844, 5845, 5846 and 5847 pending the hearing and determination of the suit
- 2.Parties shall not sell, charge, subdivide or transfer the suit parcels during that period
- Jurisdiction invoked
- Section 13(7)(a) of the Environment and Land Court Act, 2015
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ogwang & 3 others v Odak (Sued in his capacity as the legal representative and an administrator of the Estate of Zilpah Odak (Deceased))", Case Analysis (2023). Environment & Land Case 28 of 2021 (Formerly Migori ELC Case No. 48 of 2017). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/17767/eng@2023-05-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.