Adongo & another v Adongo & another (Environment and Land Case E002 of 2026) [2026] KEELC 2305 (KLR)
The bottom line
#A Siaya court refused most interim orders in a family land dispute but froze the land register, blocking any sale or transfer until the case is decided.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the orders sought in the application should issue pending the determination of the suit
- 2.Whether the applicants established a prima facie case with a probability of success
- 3.Whether the applicants would suffer irreparable loss not compensable by damages
- 4.Where the balance of convenience lies
Key legal issues
#Prima facie case for temporary injunction
The applicants failed to establish a prima facie case with a probability of success
Applying Giella v Cassman Brown and Mrao v First American Bank, the court held that although the applicants claimed customary trust, adverse possession and an illegal subdivision, these are matters ascertainable only after a full hearing. The 1st respondent produced a title deed dated 21/5/2020 and a green card showing registration since 1983, so at interlocutory stage the title was prima facie evidence of ownership, and the applicants' occupation was contested.
Irreparable harm and alleged mining waste
The evidence of alleged unregulated gold mining was not persuasive
The court compared the annexed photographs with the applicants' description of deep pits, removal of topsoil and destruction of crops and found the description and magnitude did not match what the photos depicted. No letter of complaint to the relevant authorities about the alleged illegal mining had been produced.
Balance of convenience and preservation of the suit property
The balance of convenience favoured securing the registers by inhibition rather than granting injunctions
The respondent held title and did not deny undertaking economic activities on the land. Given the claim for adverse possession and trust, the court found the property should be secured so it remains within the court's reach should the applicants' claim succeed. An inhibition restricting registration of dispositions on both subdivisions was the appropriate preservation order under section 13 of the ELC Act.
Legal principles established
#- At an interlocutory stage a certificate of title is prima facie evidence of ownership and the court should not delve into the merits of claims such as trust or adverse possession.
- Declaratory orders declaring a subdivision illegal and directing registration of proprietors cannot be granted at interlocutory stage.
Court orders
#- 1.Prayers 1, 2, 3, 4, 5, 6 and 7 of the Notice of Motion dated 26/01/2026 are declined
- 2.An order of inhibition is issued pending hearing and determination of the main suit, restricting the registration of any disposition in the registers of land parcels Siaya/Abom/4199 and Siaya/Abom/4200 (formerly Siaya/Abom/669)
- 3.All the parties are bonded to keep the peace
- 4.Costs of the application shall abide the outcome of the main suit
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Section 13 of the Environment and Land Court Act; Order 40 Rules 1, 2, 3 and Sections 1A, 1B, 3A of the Civil Procedure Act
Relief refused
#Interim prohibitory injunctions restraining mining, harassment/trespass, and alienation of the suit land (prayers 1–4)
The applicants failed to establish a prima facie case; the 1st respondent's title was prima facie evidence of ownership at the interlocutory stage and the photos did not match the alleged magnitude of mining
Declaratory order that the subdivision of Siaya/Abom/669 and the transfer of Siaya/Abom/4200 were illegal, null and void, and their revocation (prayer 5)
Such orders cannot issue at interlocutory stage as that would summarily adjudicate the suit
Registration of the applicants as proprietors of Siaya/Abom/4199 under Luo customary law and adverse possession (prayer 6)
Claims of customary trust and adverse possession can only be ascertained after hearing the parties
Enforcement of orders by the OCS Bondo Police Station (prayer 7)
Declined along with the other interim prayers as the substantive orders sought were refused
Costs
The costs of the application shall abide the outcome of the main suit.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
An order of prohibition hereby issues that pending hearing and determination of the main suit an order of inhibition is hereby issued restricting the registration of any disposition in the registers of land parcels Siaya/Abom/4199 and Siaya/Abom 4200 (formerly Siaya/Abom/669).
The prayers 1, 2,3,4, 5, 6, 7 are declined.
For now, at interlocutory stage title produced shall be treated as prima facie evidence that the 1st respondent was the owner of the mother title and had the authority to deal with the parcel as he pleased.
The applicants have failed to establish a prima facie case.
I think securing the register of the suit property by way of orders of inhibition will suffice.
The costs of the application shall abide the outcome of the main suit.
Issues in the judgment
#Date discrepancy in respondents' submissions
The judgment refers to the 1st respondent 'who thereafter sold the same to the 2nd respondent' in a passage that appears to describe the 1st respondent selling to the 1st respondent, likely a drafting error
Inconsistent naming of the suit parcels (Siaya/Abom versus North Sakwa/Abom)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Adongo & another v Adongo & another (Environment and Land Case E002 of 2026) [2026] KEELC 2305 (KLR)", Case Analysis (2026). Notice of Motion dated 26/01/2026 (E&L Suit, Siaya). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2305/eng@2026-04-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.