GEORGE OPONDO OOKO VS PIUS OLOO AND SYLVESTER WANJALA GEORGE OPONDO OOKO VS PIUS OLOO AND SYLVESTER WANJALA

REPUBLIC OF KENYA

ENVIRONMENT AND LAND COURT AT KISUMU

ELC CASE NO: 437 OF 2015

GEORGE OPONDO OOKO …………………. PLAINTIFF/APPLICANT

VERSUS

PIUS OLOO ………..……………………………….…..1^ST RESPONDENT

SYLVESTER WANJAL …….………………………......2^ND RESPONDENT

SUSAN ADOYO ………………………………………… 3^RD RESPONDENT

RULING

This ruling is in respect of the Notice of Motion application brought by the Plaintiff pursuant to the provisions of Section 1A, 1B, 3 and 3A of the Civil Procedure Act and Order 51 Rule 1 of the Civil Procedure Act. The substantive prayer sought in the application is prayer 2 which seeks for an order that the court be pleased to release to the Plaintiff/Applicant herein a sum of Kshs.133,000/- being the sum deposited in court as rent by the Defendants/Respondents as directed by the Court.

The grounds upon which the application was brought as shown on the face of the application are that the court had directed that the Defendant deposits in court the sum of Kshs.14,000/- every month as rent beginning 1^st April, 2011 until determination of the case.

That the Defendant then paid into court only a sum of Kshs.133,000/- and failed to pay the rest. That the case has now been determined in favour of the Applicant and the Defendants evicted from the suit land. That in the judgement, the court ordered that the Defendant do pay the Plaintiff mesne profits of Kshs.14,000/- per month from April, 2010 to date. That the mesne profits were the outstanding rent payable by the Defendants of which was deposited in court and what the Plaintiff is seeking to be released to him. That it is in the interest of justice that the sum be released to the Plaintiff.

The application was unopposed. Affidavit of service filed, sworn by Counsel for the Plaintiff on 5^th April, 2024 shows that the application was served upon and received by Counsel for the Defendants on 4^th April, 2024.

I have considered the contents of the application, the Supporting Affidavit and annextures and find that the application has merit. I hereby allow the application and order that the sum of Kshs.133,000/- deposited by the Defendants in court pursuant to court order herein be released to the Plaintiff.

No orders as to costs.

Orders accordingly.

Ruling dated and signed at Kisumu and read virtually this 3^rd day of June, 2024 through Microsoft Teams Online Application.

E. ASATI,

JUDGE.

In the presence of:

Maureen: Court Assistant.

No appearance for the Appellant.

No appearance for the Respondents.