Wilson Otieno Omwom v County Government of Kisumu [2020] KEELC 5 (KLR)

Summary at a glance

Facts

The plaintiff, Wilson Otieno Omwom, claims to be the administrator of the estate of Phoebe Nyando Adhanja. The plot was transferred to the deceased by the defunct County Council of Kisumu. The plaintiff applied for development permission and was granted approval, but an enforcement order was made alleging no approval was given. The plaintiff claims to have spent Kshs.4 million.

Issues

• Whether the plaintiff is the registered owner of the suit land parcel.
• Whether the defendant intends to demolish the plaintiff's suit land parcel.
• Whether the plaintiff will suffer irreparable loss if the injunction is not granted.

Reasoning

The court considers the plaintiff's claim as prima facie and finds that developing the property before confirmation of the letter of administration is not proper. The plaintiff might suffer loss if a temporary injunction is not granted, but the same can be compensated in damages. The court orders the status quo to be maintained until the case is heard and determined.

Outcome

The court declines to grant an order of injunction but orders that the status quo be maintained.

Orders

• No further construction of the premises and no demolition of the same by the county Government of Kisumu. Any breach of this order will be liable for punishment.

Remedies

• Compensation for any loss incurred due to the breach of the status quo.