Skip to content
JudgmentMAURICE OUMA OLOO VS ROSE OKEYO OJWANG2 min read

MAURICE OUMA OLOO VS ROSE OKEYO OJWANG

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

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT OF KENYA AT MIGORI

ELC LAND APPEAL NO. E005 OF 2024

MAURICE OUMA OLOO......................................................................................APPELLANT/APPLICANT

VERSUS

ROSE OKEYO OJWANG.......................................................................RESPONDENT

RULING

  1. By a Notice of Motion application dated 25th March 2024, the plaintiff/applicant, Maurice Ouma Oloo through Tom Mboya and Company Advocates is seeking, inter alia, leave be granted to the firm of Tom Mboya and Company Advocates to enter on record for the plaintiff/applicant instead of Ogwe and Associates Advocates and status quo prevailing over the suit land reference number Kamagambo/Kanyajuok/454  be maintained by the parties pending the hearing and determination of this appeal.
  2. The respondent represented by G.S OkOTH and Company Advocates and opposed the application by her replying affidavit sworn on 15th June 2024. She averred in part that there be an inhibition of the suit land pending the hearing and determination of this appeal.
  3. The respondent was duly served for today’s mention vide an affidavit of service sworn on 24th June 2024 herein. The respondent and counsel are absent without any reason.
  4. Mr Sigei instructed by Tom Mboya learned counsel for the plaintiff/applicant has urged the court to grant leave and status quo orders sought in the application.
  5. This court is guided by Articles 48, 50 (1) and 159 (2) (b) of the Constitution of Kenya 2010, sections 3 and 13 (7) (a) of the Environment and Land Court Act 2015 (2011) and the Court of Appeal decision in the case of Ogada-vs-Mollin (2009) KLR 620.
  6. In the premises, I find it is common ground that interim preservation orders would be necessary herein. The application is merited.
  7. Thus, the application is hereby allowed in terms of orders 2 and 4 sought therein as stated in paragraph 1 hereinabove. In particular, the parties shall not subdivide, transfer, sell, develop or in any other manner dispose of the suit land pending the outcome of this appeal.
  8. The appeal is set for mention on 25th September 2024.
  9. The respondent be served accordingly.
  10. It is so ordered.

DATED and DELIVERED at Homa Bay this 3rd day of July 2024

G M A ONGONDO

JUDGE

PRESENT;

B.Singei instructed byTom Mboya learned counsel for the appellant/applicant

T Luaga court assistant

    MAURICE OUMA OLOO VS ROSE OKEYO OJWANG MAURICE OUMA OLOO VS ROSE OKEYO OJWANG