Orero & 5 others v Ombewa (Enviromental and Land Originating Summons E002 of 2024) [2024] KEELC 5338 (KLR)

RULING 1. By a Notice of motion dated 3rd April, 2024, the Defendant/Applicant through M/s. Oyoo Z. Antone and Company Advocates, is seeking a temporary injunction against the six Plaintifis/Respondents in respect of the whole of suit property, LR No. North Sakwa/Kanyamgony/1247 pending the hearing and determination of this suit. 2. The application was duly served on the respondents’ counsel as revealed in Afidavit of service sworn on 15th May 2024 herein. 3. The respondents had the right to respond to the application or not; see also Ogada v Mollin (2009) KLR 620. 4. Clearly, the respondents failed to respond to the application. 5. Ms. Z. A. Oyoo learned counsel for the applicant has urged the court to grant temporary injunction sought in this application to preserve the suit property. That the respondent intends to dispose of the same. 6. In the premises, it would be necessary to preserve the suit property in the interim, pending the outcome of the suit in line with Ogada case (supra) and section 13 (7) (a) of the Environment and Land Court Act 2015 (2011). The application is unchallenged and meritorious 7. Wherefore, the application is hereby determined that the obtaining status quo over the suit property to be maintained by the parties pending the outcome of the suit. In particular, the parties shall not sell, charge, transfer, subdivide the suit property or erect any permanent structure thereon during the pendency of this suit. 8. Costs of the application be in the cause. 9. It is so ordered DATED, SIGNED AND DELIVERED IN OPEN COURT AT MIGORI THIS 18TH DAY OF JULY, 2024. G.M.A. ONGONDO JUDGE In presence of: Mr. Z. A. Oyoo learned counsel for the Applicant Court Assistant – Tom Maurice https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/5338/eng@2024-07-18 2

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