Oliech & another (Suing as Co-Administrators of the Estate of Pius Awuoth Ogolla – Deceased)) v Akelo & 2 others; Family Bank Limited & another (Proposed Interested Parties) (Environment and Land Case E078 of 2025) [2026] KEELC 1788 (KLR) (19 March 2026) (Ruling)
- Court
- Environment & Land Court
- Case number
- 1788
- Citation
- [2026] KEELC 1788 (KLR)
- Decided
- 19 March 2026
Summary at a glance
TypeLand SuitPostureApplication for Temporary Injunction and Stay of Statutory Power of SaleCoramE. ASATI
The application is dismissed. The Applicant has not demonstrated a prima facie case with a probability of success.
Facts
The suit land, KISUMU/CHIGA/3807, originated from land parcel No. KISUMU/CHIGA/635 owned by Pius Awuoth Ogola (deceased) who died in 1990. The 1st Respondent illegally acquired the land and used it as collateral for a loan from the 1st Interested Party.
Issues
- Whether the 1st Respondent illegally acquired the suit land
- Whether the 1st Interested Party can exercise the statutory power of sale over the suit land pending the suit
Reasoning
The court found that the Applicant has not established a prima facie case with a probability of success, and the estate of the deceased has no subsisting interest in the suit property.
Outcome
Application dismissed
Orders
- Application dismissed
- Each party to bear its own costs of the application
Authorities cited
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