Oruchum & another v Kiboi (Enviromental and Land Originating Summons E039 of 2024) [2025] KEELC 117 (KLR)
The bottom line
#A Busia court protected families who have occupied land since 1971, blocking the registered owner from selling or evicting them until the ownership dispute is fully heard.
What this practically means
#Executive summary
#Key legal issues
#Whether an unopposed application for interlocutory injunction should be granted on unrebuted averments
The court granted the injunction, holding that the Applicants' unrebutted averments of occupation since 1971 established a prima facie case and irreparable loss
The application was unopposed as the Respondent's counsel had no instructions and no reply was filed despite filing a Notice of Appointment. The Applicants deposed to occupation and possession since 1971 when their fathers purchased the land. These averments were not rebutted. As persons in possession, they have an interest requiring protection pending determination of ownership, and damages would not suffice.
Irreparable harm if the Applicants are evicted from the suit land
If the Applicants have used the land since 1971, their loss would be irreparable by an award of damages
The court reasoned that long occupation of land since 1971 is not compensable in damages, concluding that the second limb of the interlocutory injunction test was satisfied in the absence of contrary evidence.
Legal principles established
#- Persons in occupation and possession of land in dispute have an interest therein that must be protected pending full hearing, constituting a prima facie case
- Under Order 40 Rule 6, an interlocutory injunction lapses if the suit is not heard and determined within 12 months unless extended
Court orders
#- 1.An order of interlocutory injunction restraining the Respondent, his agents, relatives, workers or servants from trespassing on, surveying, selling, encroaching, grabbing, constructing on, entering, remaining or dealing in any manner with land parcel No North Teso/Aboloi/414 pending the hearing and determination of the suit
- 2.Reminder under Order 40 Rule 6 that the suit must be heard and determined within 12 months failing which the injunction shall lapse unless extended
- 3.Costs in the cause
- Jurisdiction invoked
- Order 40 Rule 1 and Order 53 Rule 3 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Oruchum & another v Kiboi (Enviromental and Land Originating Summons E039 of 2024) [2025] KEELC 117 (KLR)", Case Analysis (2025). Originating Summons dated 5th December 2024 (Busia High Court). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/117/eng@2025-01-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.