Otieno & another v Ombura (Environment and Land Appeal E066 of 2024) [2025] KEELC 1047 (KLR) (6 March 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 1047
- Citation
- [2025] KEELC 1047 (KLR)
- Decided
- 6 March 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppellants seek an injunction and stay of execution of a decreeCoramE. ASATI
Holding
The court grants the application for an injunction and a stay of execution of the decree
Facts
The appellants are Sabina Otieno and Frederick Ayuma, who are the occupants of a disputed parcel of land in Kisumu/Kapuonja/3598. The respondent, Alfred Abuodha Ombura, has a decree in Maseno ELC No. E010 OF 2021 that directs the appellants to be evicted from the contested portion of the land.
Issues
- Whether the appellants are entitled to an injunction to prevent the respondent from interfering with their occupation of the disputed land
- Whether the application for a stay of execution of the decree should be granted
Reasoning
The court finds that the appellants are entitled to an injunction to prevent the respondent from interfering with their occupation of the disputed land and that the application for a stay of execution of the decree should be granted to prevent substantial loss to the appellants.
Outcome
Appeal granted
Orders
- An order of injunction restraining the respondent, agents, servants, employees or any other person acting on his behalf from interfering with the appellants' occupation of the disputed parcel of land
- A stay of execution of the decree in Maseno ELC No. E010 OF 2021 pending hearing and determination of the appeal
Remedies
- Injunction and stay of execution
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules, 2010
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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