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JudgmentCHRISTABEL ODIRA OMONDI Suing as the Legal Representative of the Estate of the Late BENARD OMONDI OGEYA VS DAVID OTIENO ONYANGO2 min read

CHRISTABEL ODIRA OMONDI Suing as the Legal Representative of the Estate of the Late BENARD OMONDI OGEYA VS DAVID OTIENO ONYANGO

Environment and Land Court at Migori Environment and Land Court · · Iur Fred Nyagaka, J

Upon reading the Certificate of Urgency dated 26th February 2026 and the Notice of Motion dated the same date and the Supporting Affidavit sworn by one Christabel Odira Omondi also on the same date, it is hereby Ordered:-
1. The Application is Certified urgent.
2. The Applicant is directed to extract Summons to Enter Appearance and serve them with the Originating Summons herein and the Directions below.
3. The Applicant to serve PHYSICALLY the Application together with these Directions on the ALL Respondents before the close of business on 3rd March 2026 and file an Affidavit of Service thereto not later than four (4) days of service.
4. The Respondent shall file and serve their response to the Application within seven (7) days of service of the Application.
5. The Applicant shall file and serve written submissions, not exceeding four (4) pages of New Times
Roman Font 12 of 1.5 spacing, within five (5) days of service of the Respondent’s Replying and or
Grounds of Opposition or Preliminary Objection as the case may be and the Respondent to do likewise while in keeping with the similar specifications, within five (5) days of service of the Applicants.
6. The Respondent shall enter appearance and file defence and serve within the timelines the law stipulates.
7. Parties should strictly comply with these directions, and each is required to take the next step as directed herein, at the expiry of the stipulated period if the adverse party has not complied the failure to comply notwithstanding.
8. The Application shall be heard inter partes virtually on 23rd March 2026.
9. In the meantime, there be and is hereby issued an order of status quo, to the effect that neither party should destroy the other party’s property or structures on the suit land or do anything, including further fencing of the suit land.
10. Any party not in occupation and use of the suit land at the time these directions are issued should not enter thereon or interfere with the one thereon.
11. The OCS Uriri Police Station provide security for the implementation of this order if necessary.

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