Gabriel Onsongo Okondo & 10 others v Sangiri Ole Kiok & 2 others [2020] eKLR Case Summary

Court
Environment and Land Court at Kajiado
Category
Civil
Judge(s)
Hon. Justice Christine Ochieng
Judgment Date
October 21, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3

Case Brief: Gabriel Onsongo Okondo & 10 others v Sangiri Ole Kiok & 2 others [2020] eKLR


1. Case Information:
- Name of the Case: Gabriel Onsongo Okondo & Others v. Sangiri Ole Kiok & Others
- Case Number: ELC Case No. 74 of 2019
- Court: Environment and Land Court at Kajiado
- Date Delivered: October 21, 2020
- Category of Law: Civil
- Judge(s): Hon. Justice Christine Ochieng
- Country: Kenya

2. Questions Presented:
The court must resolve the following central legal issues:
- Whether the 1st Defendant is entitled to orders of injunction restraining the 3rd Plaintiff from trespassing on land parcel number Kajiado/Loodariak/123 pending the outcome of the suit.
- Whether the 3rd Plaintiff should be cited for contempt for violating the orders of the court granted on March 2, 2020.
- Who should bear the costs of the two applications?

3. Facts of the Case:
The case involves multiple plaintiffs, with the primary dispute centered around land parcel number Kajiado/Loodariak/123, owned by the 1st Defendant, Sangiri Ole Kiok. The 3rd Plaintiff, Amos Lemangen Ole Katei, claims to be the registered proprietor of a neighboring parcel, Kajiado/Loodariak/2149, and alleges that he has occupied and developed his land since 2011 without interruption. The conflict escalated when the 1st Defendant accused the 3rd Plaintiff of trespassing and grazing cattle on his land, which led to legal applications for injunction and contempt of court.

4. Procedural History:
The 1st Defendant filed two Notice of Motion applications: the first on December 23, 2019, seeking an injunction against the 3rd Plaintiff, and the second on July 14, 2020, seeking to cite the 3rd Plaintiff for contempt of court for disobeying a prior order. The 3rd Plaintiff opposed both applications, asserting his lawful ownership and occupation of his land. The case progressed through the court system, with affidavits and submissions from both parties being presented for consideration.

5. Analysis:
- Rules: The court considered relevant statutes, including the Civil Procedure Act and the Environment and Land Court Act, particularly focusing on the principles established in *Giella v. Cassman Brown & Co. Ltd* (1973) EA 358 regarding injunctions and the definition of contempt of court.
- Case Law: The court referenced *North Tetu Farmers Co. Ltd v. Joseph Nderitu Wanjohi* (2016) eKLR, which outlines the elements required to establish civil contempt. The court noted the necessity for clear terms of the order, knowledge of the order by the alleged contemnor, breach of the order, and deliberate conduct.
- Application: The court found that the 1st Defendant failed to establish a prima facie case for an injunction against the 3rd Plaintiff, as both parties were registered proprietors of their respective land parcels and the boundary was in dispute. Additionally, the court ruled that the 1st Defendant did not provide sufficient evidence to support the claim of contempt against the 3rd Plaintiff, as the alleged trespass was not clearly established.

6. Conclusion:
The court ruled against the 1st Defendant's applications, finding them unmerited. The court emphasized the need for a clear determination of the boundary between the two parcels of land before any injunction could be granted. The applications were thus disallowed, and costs were to be borne by the parties in the cause.

7. Dissent:
There were no dissenting opinions noted in the case.

8. Summary:
The ruling in *Gabriel Onsongo Okondo & Others v. Sangiri Ole Kiok & Others* highlights the complexities involved in land disputes, particularly regarding boundary issues and the requirements for establishing contempt of court. The decision reinforces the importance of clear evidence and legal principles in determining ownership and rights to land, setting a precedent for similar future disputes in the Environment and Land Court.

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