Akelo & 3 others v Oranga (Environment & Land Case E008 of 2023) [2023] KEELC 17911 (KLR) (12 June 2023) (Ruling)
Neutral citation:
[2023] KEELC 17911 (KLR)
Republic of Kenya
Environment & Land Case E008 of 2023
GMA Ongondo, J
June 12, 2023
IN THE MATTER OF THE LIMITATION OF ACTIONS ACT
AND
IN THE MATTER OF LAND PARCEL REFERENCE, NO CENTRAL KASIPUL/KAMUMA/59
Between
Felgona Akelo
1st Applicant
Joseph Opap O’chieng
2nd Applicant
John Arunda O’chieng
3rd Applicant
Joel Oindo O’chieng
4th Applicant
and
Eunice Ouma Oranga
Defendant
Ruling
1.In an application by way of notice of Motion dated April 10, 2023, the applicants through Wanza Kivindu and Company Advocates, have sought, interalia;
2.The respondent through Muma Nyagaka and Company Advocates opposed the application by way of her replying affidavit sworn on May 29, 2023.
3.Wanza Kivindu and Muma learned counsel for applicants and respondent respectively have agreed to ampromise the Notice of Motion on terms of status quo over the suit land, Central Kasipul/Kamuma 159.
4.In the foregone and being guided by the case of Ogada -versus- Mollin (2009) eKLR 620, the application is determined thus:a.The applicants and the respondents to maintain the prevailing status quo over the suit. In particular, they shall occupy their respective portions of the suit land pending the hearing and determination of this suit.b.Costs of the application in the cause.
DELIVERED, DATED AND SIGNED AT HOMA-BAY THIS 12TH DAY OF JUNE 2023.G.M.A ONG’ONDOJUDGEPRESENT1. Ms. Kiundu learned counsel for the applicants2. Mr. Muma learned counsel for the respondent3. Court Assistant, Okello.