Samwell Odoyo Nyamala v Nyangweso Dianga Wendo & 4 others [2021] KEELC 1870 (KLR)
- Court
- Environment & Land Court
- Case number
- 1870
- Citation
- [2021] KEELC 1870 (KLR)
The interim injunction is granted, and the parties shall maintain the status quo over the suit land pending the hearing and determination of the suit. The officer commanding Homa Bay Police Station will oversee the implementation of the order.
Facts
The deceased, Ismael Nyamala Wendo, was the registered owner of the suit land (LR NO. KANYADA /KANYABALA /817). The applicant, Nyangweso Dianga Wendo, seeks an interim injunction to prevent the respondent, Samwell Odoyo Nyamala, from entering onto, cultivating, occupying, and interfering with the suit land. The applicant claims that the deceased and his family members have been using the land until August 2020, when the respondent moved in and cultivated the whole land.
Issues
- Interim injunction to prevent respondent from entering onto and cultivating the suit land
- Costs of the application
Reasoning
The court grants the interim injunction to maintain the status quo and preserve the suit land until the suit is determined. The court considers the doctrine of lis pendens and the principles of equitable and discretionary remedies.
Outcome
The application is granted.
Orders
- The parties shall maintain the status quo over the suit land pending the hearing and determination of the suit.
- The officer commanding Homa Bay Police Station will oversee the implementation of the order.
Remedies
- Maintenance of the status quo over the suit land
- Costs of the application be in the cause
Authorities cited
Legislation (3)
- Civil Procedure Act Chapter 21 Laws of Kenya
- Order 40 Rules 1 and 3 of the Civil Procedure Rules 2010
- Environment and Land Court(ELC) Act, 2015
Cases cited (5)
- Giella =vs=Cassman Brown Company Ltd (1973) EA 358
- Nguruman Limited-vs-Jan Bonde Nielsen and 2-others (2014) eKLR
- National Bank of Kenya Limited-vs-Shimmers Plaza Limited (2019) KLR 278
- CBK and Pan African Paper Mills cases
- Ogada-vs-Mollin (2009) KLR 620
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