Ochieng & 2 others v Onyango (Civil Appeal 158 of 2019) [2024] KECA 201 (KLR) (23 February 2024) (Judgment)

Facts

The respondent sued the appellants and 9 other defendants for a permanent injunction to restrain them from trespassing onto land parcel No. IR 13623. The appellants claimed the respondent had subdivided the suit properties into 11 equal portions measuring 17.28 acres amongst his sons in 1996, which the respondent denied.

Issues

1. Whether the appellants had the right to continue residing on and using the suit properties for growing their subsistence crops pending the determination of the main suit.
2. Whether the appellants had the right to lease part of the suit properties to third parties without the respondent's consent.

Reasoning

The court found that the appellants had the right to continue residing on and using the suit properties for growing their subsistence crops pending the determination of the main suit.

Outcome

Appeal partially allowed