Ongondo & another v Obunga & another (Enviromental and Land Originating Summons E057 of 2025) [2026] KEELC 366 (KLR) (22 January 2026) (Ruling)
- Court
- Environment & Land Court
- Case number
- 366
- Citation
- [2026] KEELC 366 (KLR)
- Decided
- 22 January 2026
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInjunction ApplicationPostureAppeal from an original trial outcomeCoramEAC, FO NYAGAKA, Munyao, Ombwaya
Holding
The application fails and costs will be borne by each party.
Facts
The applicants filed a chamber summons application seeking an injunction to prevent the 1st respondent from accessing, advertising, offering for sale, leasing, mortgaging, charging, transferring or assigning, subdividing and/or otherwise dealing with the suit property.
Issues
- whether the application is merited
- who should bear the costs of the application
Reasoning
The court found no prima facie case established by the applicants and that the exercise of discretion in granting an injunction should be judicious.
Outcome
Failure of the application
Orders
- Costs of the application will be borne by each party
- The suit shall be mentioned on 1st April 2026, for compliance
Remedies
- Injunction to prevent the 1st respondent from dealing with the suit property
Authorities cited
Legislation (1)
- Civil Procedure Rules, 2010
Cases cited (1)
- Daniel Kipkemoi Siele v Kapsasian Primary School & 2 others
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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