Sundia v Akello & 3 others (Environment & Land Petition 03 of 2022) [2022] KEELC 2827 (KLR) (29 June 2022) (Ruling)

Summary at a glance

Facts

The Petitioner, Gabriel Onyachi Sundia, is the Administrator of the Estates of deceased individuals who jointly owned land parcel No Samia (luanda/Muoma – 1369). The 1st Respondent, Francis Tobias Akello, is the Land Registrar who merged the suit land with parcel No Samia/Luanda/Mudoma – 693, creating land parcel NO Samia/Luanda/Mudoma – 3572.

Issues

• Petitioner's claim that his fundamental rights were violated when the suit land was merged with parcel No Samia/Luanda/Mudoma – 693
• Petitioner's request for a conservatory order to prevent the 1st Respondent from interfering with his possession and use of the suit land
• Petitioner's request for a temporary injunction pending trial

Reasoning

The court finds that the Petitioner has established a prima facie case and that he and his family will suffer irreparable loss if the order of temporary injunction pending trial is not issued. The court also considers the balance of convenience in favour of the Petitioner.

Outcome

The Petitioner's application for a temporary injunction is granted.

Orders

• Pending the hearing and final disposal of this Petition, an order of injunction is issued injuncting the 1st Respondent his agents, servants or any persons acting under his instructions from interfering with the Petitioner’s peaceful possession and use of the land parcel No Samia/Luanda – Mudoma/1369.
• Costs of the application shall be in the Petition.
• The Petitioner shall ensure that this Petition is heard and determined within the next twelve (12) months from the date of this ruling otherwise the injunction shall lapse unless the Court extends it for sufficient reasons.

Remedies

• Temporary injunction pending trial

Authorities cited