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ELCOtherNot stated in the extract (motion dated 15th February 2024)· [2024] KEELC 6302 (KLR)

Merengo v Singira & another (Enviromental and Land Originating Summons E010 of 2024) [2024] KEELC 6302 (KLR)

Environment and Land Court
25 September 2024
377 words in judgment
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The bottom line

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A Migori court froze all dealings in a disputed Kuria plot by granting a status quo order instead of an injunction, barring any sale, transfer or subdivision until the case ends.

What this practically means

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Executive summary

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This was a ruling on a notice of motion dated 15th February 2024 in which the applicant, through M/s. Brian Mboya and Company Advocates, sought a temporary order of injunction restraining the respondents from trespassing on, building on, fencing, excavating, cultivating, demolishing or erecting structures on a portion of approximately 3 acres of LR No. Nyabasi/Busonga/320 (the suit land) pending the hearing and determination of the suit. The application was supported by a 29-paragraph affidavit and 21 grounds, principally that the suit land is registered in the name of the deceased, Daniel Sirincha Singira; that the portion hitherto in the possession of the plaintiff falls within the suit land; that the respondents threatened to invade the land and destroy the applicant's property; and that the applicant would suffer irreparable damage if the intended acts of trespass were not halted. At the hearing, counsel for the applicant (Mr. Singei) invited the court to grant a status quo order in lieu of the injunction, and counsel for the respondents (Mr. Momanyi, instructed by Oonge) raised no objection. The court, Ongondo J, granted the consensual status quo order pursuant to Section 13(7)(a) of the Environment and Land Court Act and the decision in Ogada v Mollin (2009) KLR 670, directed that the parties shall not sell, charge, transfer or subdivide the suit land pending the hearing and determination of the suit, and awarded costs of the motion in the cause. The order was delivered at Migori on 25th September 2024.

Key legal issues

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Interim preservation of the suit land pending trial

Holding

A status quo order was granted in lieu of the temporary injunction sought, restraining the parties from selling, charging, transferring or subdividing the suit land pending the hearing and determination of the suit

Reasoning

The application sought an interim injunction to prevent trespass, construction and destruction of the applicant's property on land registered in the name of a deceased person. Counsel for the applicant proposed a status quo order instead of the injunction, and counsel for the respondents raised no objection. The court therefore granted the consensual status quo order, anchored on Section 13(7)(a) of the Environment and Land Court Act and the Ogada v Mollin decision, with costs in the cause.

p. 2

Legal principles established

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  • The Environment and Land Court may preserve the status quo of suit land pending the outcome of a suit under Section 13(7)(a) of the Environment and Land Court Act

Court orders

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  1. 1.A status quo order to prevail over the suit land pending the outcome of the suit pursuant to Section 13(7)(a) of the Environment and Land Court Act 2015 (2011) and the decision in Ogada v Mollin (2009) KLR 670
  2. 2.The parties shall not sell, charge, transfer, or subdivide the suit land pending the hearing and determination of the suit
  3. 3.Costs of the motion in the cause
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, "Merengo v Singira & another (Enviromental and Land Originating Summons E010 of 2024) [2024] KEELC 6302 (KLR)", Case Analysis (2024). Not stated in the extract (motion dated 15th February 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/6302/eng@2024-09-25

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