Tiony & 2 others v Barngetuny (Sued in his capacity as the administrator of the Estate of Tabarngoror Kobot Rongoei - Deceased) (Land Case (Originating Summons) E009 of 2024) [2025] KEELC 64 (KLR)
The bottom line
#The Environment and Land Court stopped a landowner from subdividing disputed land until the case is decided, protecting families already living on it.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicants were entitled to temporary injunctive and status quo orders restraining sub-division, partition and survey of the suit land pending trial
Yes - the application was found meritorious and allowed in terms of the prayers restraining sub-division and maintaining the status quo, with costs in the cause.
The applicants alleged they were in actual possession of 3.5 acres of the suit land registered in the Respondent's name, and that the Respondent planned to survey, sub-divide and partition it with a view to evicting them. The Respondent was duly served and filed no response. Guided by Order 40 of the Civil Procedure Rules and its power under section 13(7)(a) of the ELC Act, the court held that status quo orders preserve the suit property pending outcome and found the application steadfast and meritorious.
Legal principles established
#- A status quo order is meant to preserve the suit property pending the outcome of the matter
- The Environment and Land Court has the mandate to grant interim preservation orders under section 13(7)(a) of the Environment and Land Court Act
Court orders
#- 1.Temporary orders restraining the Respondent, his servants, agents, relatives and/or assigns from sub-dividing, partitioning and surveying land parcel No. Nandi/Kamoiywo/246 pending hearing and determination of the main suit
- 2.Maintenance of the status quo prior to filing of the matter pending hearing and determination of the main suit
- 3.Costs of the application to be in the cause
- Jurisdiction invoked
- Section 13(7)(a) of the Environment and Land Court Act, 2011 read together with Order 40 Rules 1 and 2 of the Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Tiony & 2 others v Barngetuny (Sued in his capacity as the administrator of the Estate of Tabarngoror Kobot Rongoei - Deceased) (Land Case (Originating Summons) E009 of 2024) [2025] KEELC 64 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/64/eng@2025-01-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.