Okun v Otwal (Environment and Land Appeal E104 of 2024) [2025] KEELC 4825 (KLR) (26 June 2025) (Judgment)

Summary at a glance

Facts

The Respondent purchased a parcel of land known as Title No. Kisumu/Korando/3976 from Beatrice Achieng Osulah, who was the administrator of the estate of the deceased Osula. The Respondent was issued a title deed for the suit property on 2nd April 2020. The Appellant filed a plaint seeking eviction and a permanent injunction.

Issues

• whether the lower court erred in issuing a temporary injunction in favour of the Respondent against the Appellant on the Respondent's application dated 7th November 2024
• whether the lower court erred in dismissing the Appellant's application dated 12th November 2024 seeking to set aside the ex parte injunction issued by the lower court on 7th November 2024 in favour of the Respondent

Reasoning

The court found that the Respondent had a prima facie case to obtain a temporary injunction due to the danger of the suit property being wasted, damaged, or alienated. The court also found that the Respondent met the threshold for the grant of the injunctive orders.

Outcome

Appeal dismissed

Orders

• The lower court's order of a temporary injunction in favour of the Respondent was upheld

Authorities cited