Ongowo v Omboto (Environment and Land Appeal E020 of 2025) [2026] KEELC 371 (KLR) (29 January 2026) (Judgment)
- Court
- Environment & Land Court
- Case number
- 371
- Citation
- [2026] KEELC 371 (KLR)
- Decided
- 29 January 2026
Summary at a glance
TypeAppealPostureAppeal from a judgment of the trial courtCoramFO NYAGAKA
The court found that the trial court was correct in issuing the eviction orders due to a mistake in the ownership of the land. The doctrine of overriding interest was not considered as the respondent had been in possession of the land since 2009.
Facts
The appellant, Esther Akumu Ongowo, claimed to be the administrator of the estate of Sylvester Okuto, the registered proprietor of East Kasipul/Kojwach Kamioro/541, which measures approximately 2.0 hectares. The respondent, Emily Omboto, claimed to have purchased the land from Sophia Olang in 2009 and was in possession of Parcel 1417.
Issues
- Whether the trial court erred in issuing a permanent injunction and orders for eviction of the defendant
- Whether the trial court erred in failing to take into consideration the doctrine of overriding interest
Reasoning
The court held that the respondent's possession of the land was not a mistake and that the doctrine of overriding interest was not applicable.
Outcome
Affirmed
Orders
- Eviction orders for the defendant
Remedies
- Costs of the appeal awarded to the respondent
Authorities cited
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