Ondu v Ondu (Enviromental and Land Originating Summons E017 of 2020) [2025] KEELC 6255 (KLR)
The bottom line
#A Kenyan landowner who lost a land case got only partial protection: the court blocked the property's sale pending appeal but refused to stop eviction.
What this practically means
#Executive summary
#Key legal issues
#Entitlement to injunction pending appeal where the judgment was against the Applicant
The broad injunction sought could not issue because the Applicant was found not to be in possession of the suit land; only a restraint against disposal/alienation was justified
The court's own judgment had found the Applicant does not reside on the suit land, so an injunction restraining his eviction would contradict that finding. However, since the Respondent averred no intention to dispose of the land, restraining disposal pending appeal causes her no prejudice while preserving the substratum of the intended appeal.
Commencement of the appellate process as a condition for interlocutory relief pending appeal
The Applicant demonstrated he had commenced the appeal by exhibiting the Notice of Appeal and request for certified proceedings
The court was satisfied that the Applicant had started the process of filing the appeal, exhibiting the Notice of Appeal and the application for certified copies of proceedings and judgment, which supported the grant of a preservation order pending the appeal to the Court of Appeal.
Legal principles established
#- Where a registered owner has averred no intention of disposing of the suit land, no prejudice arises from restraining her from alienating or disposing of it pending appeal
Court orders
#- 1.An order of temporary injunction restraining the Respondent from disposing of or alienating the suit land pending hearing and determination of the appeal to the Court of Appeal
- 2.Costs of the application to the Respondent
- Jurisdiction invoked
- Sections 1A, 1B, 3, 3A of the Civil Procedure Act and Orders 40 and 42 Rule 6(1) of the Civil Procedure Rules; incidental preservation powers pending appeal to the Court of Appeal
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ondu v Ondu (Enviromental and Land Originating Summons E017 of 2020) [2025] KEELC 6255 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6255/eng@2025-09-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.