Owino, Ndoga & Okemwa (Suing in their Representative Capacities as the Secretary, Chairman and Treasurer Respectively of Tassia Welfare Association) v Board of Trustees National Social Security Funds & another (Environment & Land Case E161 of 2023) [2024] KEELC 5528 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the Applicant met the Giella v Cassman Brown tests for a temporary injunction
The Court found the tripartite conditions not clearly satisfied on affidavit evidence, as ownership of the suit properties was hotly contested and resolvable only at trial
The Court applied Giella v Cassman Brown as restated in Nguruman. It held that the ownership of the suit properties and management of the public utility plots were in dispute between the Plaintiff and the 2nd Defendant, each laying claim and accusing the other of meddling. Such disputed facts cannot be resolved on affidavit evidence and require witness testimony at the main trial.
The nature and proper scope of a status quo order
A status quo order differs from an injunction, may be originated by the court sua motu, serves case management and preservation purposes, and must be clearly framed
Relying on Republic v NET Ex-parte Palm Homes, KALPA v Co-operative Bank, Fatuma Abdi Jillo v Kuro Lengesen and Thugi River Estate, the Court distilled that status quo orders preserve the existing state of affairs, prevent prejudice pending trial, and need not rest on proof of a prima facie case. The Court accordingly issued a status quo order preserving the suit properties rather than granting the injunction sought.
Legal principles established
#- A status quo order is an ancillary preservation order distinct from an injunction and does not depend on proof of a prima facie case
- A court may originate a status quo order on its own motion in exercise of its general jurisdiction, as a case management strategy, but must clearly describe the state of affairs to be preserved
Court orders
#- 1.An order for status quo to be maintained on the suit properties, meaning no interference with quiet possession, no sub-division, selling and/or allocating to third parties, of the listed L.R. numbers until the matter is heard and determined
- 2.That peace and tranquility be maintained by all parties and their agents at the suit property at all times during the pendency of the suit
- 3.That the OCS Kasarani Police Station do supervise compliance of the orders issued
- 4.Costs shall be in the cause
- Jurisdiction invoked
- Order 40 Rule 1(a) and (2) and Order 51 of the Civil Procedure Rules; Sections 1A, 1B, 3A and 63(e) of the Civil Procedure Act; Sections 24(a) and 25(1) of the Land Registration Act; Articles 40 and 159 of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Owino, Ndoga & Okemwa (Suing in their Representative Capacities as the Secretary, Chairman and Treasurer Respectively of Tassia Welfare Association) v Board of Trustees National Social Security Funds & another (Environment & Land Case E161 of 2023) [2024] KEELC 5528 (KLR)", Case Analysis (2024). Not stated in the judgment (Notice of motion dated 7/11/2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/5528/eng@2024-07-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.