Okumu v District Land Registrar, Rachuonyo & 4 others (Civil Application E007 of 2024) [2024] KECA 302 (KLR) (19 March 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 302
- Citation
- [2024] KECA 302 (KLR)
- Decided
- 19 March 2024
The application for an injunction pending appeal is granted.
Facts
The applicant, Damaris Ayomo Okumu, is aggrieved by the judgment of the ELC at Homabay delivered on 6th December, 2023, and has filed an appropriate notice of appeal. The applicant seeks an injunction pending appeal to restrain the 4th and 5th respondents from evicting, taking possession, encroaching, removing, and destroying any perimeter fence/wall or fixture from the applicant's parcel of land known as Central Kasipul/Kapchieng/1012 as it existed prior to the resurvey and alteration of the boundaries on 25th May, 2023.
Issues
- Pending appeal, injunction pending hearing and determination of the appeal
- Eviction and destruction of perimeter fence/wall or fixture
Reasoning
The Court notes that the applicant is aggrieved by the judgment of the ELC and has filed an appropriate notice of appeal. The Court grants the injunction pending hearing and determination of the appeal.
Outcome
Granted
Orders
- An order that the Honourable Court be pleased to issue a temporary injunction restraining the 4th and 5th respondents, whether by themselves or through their employees, servants, agents or any other person acting under their instruction, from evicting, taking possession, encroaching, removing and or destroying any perimeter fence/wall or fixture from the applicant’s parcel of land known as Central Kasipul/Kapchieng/1012 as it existed prior to the resurvey and alteration of the boundaries on 25th May, 2023
Remedies
- Injunction pending hearing and determination of the appeal
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