Julius Onyango Ochuodho & 31 others v Kissony Welfare Group Limited & 8 others [2020] eKLR Case Summary

Court
High Court of Kenya at Eldoret
Category
Civil
Judge(s)
H.A. Omondi
Judgment Date
August 26, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Julius Onyango Ochuodho & 31 others v Kissony Welfare Group Limited & 8 others [2020] eKLR, detailing key legal insights and judgments. Ideal for legal professionals and students.

Case Brief: Julius Onyango Ochuodho & 31 others v Kissony Welfare Group Limited & 8 others [2020] eKLR

1. Case Information:
- Name of the Case: Prof. Julius Onyango Ochuodho and 31 Others v. Kissonya Welfare Group Limited and 8 Others
- Case Number: Civil Appeal No 28 of 2020
- Court: High Court of Kenya at Eldoret
- Date Delivered: August 26, 2020
- Category of Law: Civil
- Judge(s): H.A. Omondi
- Country: Kenya

2. Questions Presented:
The court must resolve whether to grant the applicants' request for interim orders prohibiting the respondents from alienating or disposing of parcel No. KIBOS/LONDIANI LR 757 (6286), which is scheduled for public auction amidst concerns that the sale could occur under unfavorable conditions due to the COVID-19 pandemic.

3. Facts of the Case:
The applicants, comprising Prof. Julius Onyango Ochuodho and 31 others, are proprietors of the property in question, measuring 52.5 acres. They filed an application seeking to prevent SIDIAN BANK LTD and KEYSIAAN AUCTIONEERS from selling the property, which they believe is being rushed to auction despite the impacts of the COVID-19 pandemic. They argue that the pandemic will likely limit the number of bidders and that their interests are at significant risk. They assert that they are currently in possession of the property and fear eviction, which would render their legal pursuit moot. The applicants also contend that the value of the property significantly exceeds the outstanding loan amount, which is Kshs. 7.5 million.

4. Procedural History:
The applicants initially sought an injunction to maintain the status quo regarding the property. On August 5, 2020, Judge Sewe issued an order for status quo, which was subsequently disregarded by SIDIAN BANK, as they continued with the auction process. During a subsequent hearing on August 19, 2020, the applicants' counsel requested clarification on the status quo order, contending that the property was in danger of being sold despite the court's previous order. The 7th respondent opposed the issuance of any interim orders, arguing that the auction date was scheduled for September 9, 2020, and that the matter could be resolved before that date.

5. Analysis:
- Rules: The court considered relevant civil procedures concerning injunctions and the protection of property interests, particularly in the context of the COVID-19 pandemic's impact on normal auction processes.
- Case Law: Previous cases that may have been referenced include those where courts have issued injunctions to prevent the sale of property under circumstances that could be deemed unjust or where the rights of the property owners were at risk. However, specific case citations were not provided in the context.
- Application: The court analyzed the arguments presented by both sides. The applicants highlighted the urgency of their situation and the potential for irreparable harm should the auction proceed. The 7th respondent's argument rested on the assertion that the auction was set for a later date and that the matter could be adjudicated before then. The court noted the absence of detailed records from the previous judge's session, which complicated the assessment of the status quo order's intent.

6. Conclusion:
The court directed that the matter be set for hearing on September 2, 2020, before Judge Sewe, emphasizing the need for clarity regarding the status of the property and the auction. The ruling underscored the court's intent to balance the interests of both parties while considering the unique circumstances presented by the pandemic.

7. Dissent:
There were no dissenting opinions noted in the provided context, as the ruling was made by a single judge.

8. Summary:
The High Court of Kenya at Eldoret addressed a civil appeal concerning the potential sale of a property amidst the COVID-19 pandemic. The court's decision to schedule a hearing indicated a recognition of the urgency of the applicants' concerns while also considering the procedural aspects of the case. The outcome of the case could have broader implications for property rights and auction processes during extraordinary circumstances, such as a pandemic.

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