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ELCAllowedNot stated in the judgment (Originating Summons dated 8th March 2023)· [2024] KEELC 6295 (KLR)

Chagora v Morongo (Enviromental and Land Originating Summons E02 of 2023) [2024] KEELC 6295 (KLR)

Environment and Land Court of Kenya
24 September 2024
GOG. M. A. Ongondo
371 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court froze all dealings on disputed land until an adverse possession claim is decided, protecting the claimant's position.

What this practically means

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Executive summary

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This is an interlocutory ruling of the Environment and Land Court at Migori (G. M. A. Ongondo, J) delivered on 24th September 2024 on an application by the Plaintiff/Applicant, represented by Mr. Mwita Kerario, seeking a status quo order over the suit land pending the hearing and determination of the suit. The underlying claim is an originating summons dated 8th March 2023 in which the applicant seeks a declaration that he has acquired approximately ten acres out of LR No. Nyabasi/Bosonga/138 (now Nyabasi/Bosonga/1319), registered in the name of the late Morongo Maroa Mwita (Deceased), by adverse possession, the land having been transmitted to the respondent through succession. The applicant contended that the respondent had begun subdividing the land and had never responded to the originating summons despite being served, as evidenced by an affidavit of service sworn on 31st May 2024 by Kerario Marwa Advocate. The respondent did not appear and the application was unopposed. The court held that it has the mandate under section 13(7)(a) of the Environment and Land Court Act, 2015 to grant interim preservation orders including status quo, and, applying Ogada v Mollin (2009) KLR 620, found the application merited. The court ordered status quo over the suit land pending hearing and determination of the suit, restraining the parties from selling, subdividing, transferring, charging or otherwise disposing of the land, and fixed the suit for hearing on 29th January 2025. No costs order was made.

Key legal issues

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01

Whether to issue a status quo order over the suit land pending determination of the adverse possession claim

Holding

The status quo order was granted, the application being unopposed and merited, to preserve the suit land by restraining sale, subdivision, transfer, charge or other disposal pending the suit's outcome.

Reasoning

The court invoked its statutory mandate under section 13(7)(a) of the Environment and Land Court Act to grant interim preservation orders including status quo. It noted the respondent had been served via an affidavit of service sworn on 31st May 2024 but had neither appeared nor responded to the originating summons. The application was unopposed, and citing Ogada v Mollin (2009) KLR 620, the court held that status quo orders preserve suit land pending the outcome of the suit, making the application merited.

p. 2

Legal principles established

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  • The Environment and Land Court has the mandate to grant interim preservation orders including status quo orders.
  • A status quo order is meant to preserve the land in question pending the outcome or termination of the suit.

Court orders

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  1. 1.Status quo ordered and directed over the suit land parcel pending the hearing and determination of the suit
  2. 2.Parties restrained from selling, subdividing, transferring, charging or in any manner disposing of the suit land parcel pending the outcome of the suit
  3. 3.Hearing of the suit fixed for 29th January 2025
Jurisdiction invoked
Section 13(7)(a) of the Environment and Land Court Act, 2015 (2011)

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, "Chagora v Morongo (Enviromental and Land Originating Summons E02 of 2023) [2024] KEELC 6295 (KLR)", Case Analysis (2024). Not stated in the judgment (Originating Summons dated 8th March 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/6295/eng@2024-09-24

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