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JudgmentEVANS CHACHA MARWA VS amos chacha wambura1 min read

EVANS CHACHA MARWA VS amos chacha wambura

Environment and Land Court at Migori Environment and Land Court · · G. A. Ongondo


  1. This ruling is in respect of an application by way of a Notice of Motion dated 1st July 2024 for interim preservation order in respect of the suit land reference number Bugumbe Mabera/105 pending the hearing and determination of this suit.
  2. After hearing Mr Mudeyi Okumu learned counsel for the plaintiff as well as  Mr Agure Odero learned counsel for the defendant  and in light of section 13 (7) (a) of the Environment and Land Court Act 2015 (2011) and being guided by the case of Ogada-vs-Mollin (2009) eKLR on interim preservation orders, the application is hereby determined, inter alia; (a) That the parties to maintain the prevailing status quo over the suit land pending the outcome of the originating summons. That in particular, the plaintiff to continue being in occupation of the suit land to the extent of 3.7 acres and there shall be no sale, charge, transfer, subdivision or disposal of the suit land pending the hearing and determination of the suit.
  3. Costs of the application  be in the cause
  4. The originating summons dated 1st July 2024 be served on the defendant’s counsel.
  5. The suit is fixed for directions on 17th October 2024.
  6. It is so ordered.

Dated and delivered virtually at Homa Bay this 24th day of July 2024

GEORGE M A ONGONDO

JUDGE

In the presence of;

Mr A Mudeyi Okumu learned counsel for the plaintiff

Mr Agure Odero learned counsel for the defendant

Tom Maurice, court assistant

    EVANS CHACHA MARWA VS amos chacha wambura EVANS CHACHA MARWA VS amos chacha wambura