Gideon Serem Kipsang v Michael Kipchumba Chepkwony [2020] eKLR Case Summary

Court
Environment and Land Court at Eldoret
Category
Civil
Judge(s)
M. A. Odeny
Judgment Date
July 08, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2
Explore the legal insights of Gideon Serem Kipsang v Michael Kipchumba Chepkwony [2020] eKLR, detailing the case summary, key judgments, and implications in Kenyan law.

Case Brief: Gideon Serem Kipsang v Michael Kipchumba Chepkwony [2020] eKLR

1. Case Information:
- Name of the Case: Gideon Serem Kipsang v. Michael Kipchumba Chepkwony
- Case Number: ELC CASE NO.99 OF 2019
- Court: Environment and Land Court at Eldoret
- Date Delivered: 8th July 2020
- Category of Law: Civil
- Judge(s): M. A. Odeny
- Country: Kenya

2. Questions Presented:
The central legal issue before the court was whether to grant the defendant's application for an interlocutory injunction to restrain the plaintiff from interfering with the defendant's alleged ownership and possession of the land known as Plot No. 2045 Salawa Adjudication Section.

3. Facts of the Case:
The plaintiff, Gideon Serem Kipsang, and the defendant, Michael Kipchumba Chepkwony, are involved in a dispute over a parcel of land. The defendant claims to be the registered owner of the land and alleges that the plaintiff has unlawfully entered the land, threatened his workers, and interfered with agricultural activities. The plaintiff had previously filed a case regarding the same land, which was struck out, and an appeal was dismissed. The defendant argues that the Land Adjudication Board had issued orders allowing him to continue with possession until all matters were resolved.

4. Procedural History:
The defendant filed an application on 5th May 2020 seeking an injunction against the plaintiff. The application was treated with urgency due to the COVID-19 pandemic, and both parties complied with the court's order to submit their arguments in writing. The court was tasked with determining the merits of the defendant's application for an injunction based on the submissions provided.

5. Analysis:
- Rules: The court considered the principles for granting interlocutory injunctions as established in the case of Giella v. Cassman Brown, which requires the applicant to show a prima facie case, demonstrate potential for irreparable harm, and that the balance of convenience favors the applicant.
- Case Law: The defendant cited a previous case, Wilson Amwayi Bonge v. Priscilla Sulwe & 2 others (2018) eKLR, where similar injunctions were dismissed for lack of merit. The plaintiff countered that the current application was baseless and that the land was no longer under adjudication.
- Application: The court found that the defendant failed to provide sufficient evidence of ownership of the land. The submissions did not adequately support the need for an injunction, and the court noted that the applicant had not demonstrated a likelihood of suffering irreparable harm. Consequently, the court found that the balance of convenience favored the plaintiff.

6. Conclusion:
The court ultimately dismissed the defendant's application for an injunction, ruling that the application lacked merit and that costs were to be awarded to the plaintiff. This decision underscores the importance of presenting clear evidence and meeting the legal threshold for injunctions in land disputes.

7. Dissent:
There were no dissenting opinions noted in this case, as it was a ruling by a single judge.

8. Summary:
The ruling in Gideon Serem Kipsang v. Michael Kipchumba Chepkwony highlights the necessity for parties seeking injunctions to substantiate their claims with credible evidence. The court's dismissal of the application serves as a reminder of the stringent standards required to obtain such relief in civil disputes, particularly in matters involving land ownership and possession.

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