Alal v Oginga & 2 others [2023] KEELC 17915 (KLR)

Alal v Oginga & 2 others (Environment & Land Case E004 of 2022) [2023] KEELC 17915 (KLR) (13 June 2023) (Ruling)

Neutral citation: [2023] KEELC 17915 (KLR)

Republic of Kenya

In the Environment and Land Court at Homa Bay

Environment & Land Case E004 of 2022

GMA Ongondo, J

June 13, 2023

Formerly Migori ElC Case No. 225 Of 2017

Between

Christopher Otuk Alal

Plaintiff

and

Michael Onyango Oginga

1st Defendant

Joshua Otieno Apiyo

2nd Defendant

Lands Registrar – Migori

3rd Defendant

Ruling

1. By an application mounted by way of chamber summons dated May 19, 2023, the plaintiff through the firm of Kwanga Mboya and Company Advocates is seeking the orders that:a.The firm of Kwanga Mboya and Company Advocates be granted leave to cease acting for the Appellant herein.b)Costs in this application be provided for.

2. Mr M Migele instructed by Mr Adawo for the applicant’s firm of advocates has informed this court that the plaintiff and his counsel/applicant are not able to agree on the way forward herein.

3. The plaintiff has no objection to the application.

4. In the result, the application is merited and it is hereby allowed with costs to the applicant namely counsel for the plaintiff.

5. Orders accordingly.

DELIVERED, DATED AND SIGNED AT HOMABAY THIS 13TH DAY OF JUNE 2023. G.M.A ONG’ONDOJUDGEPresent.a. Mr. Migele holding brief for Mr. Adawo learned Counsel for the plaintiff.b. Plaintiffc. Court Assistant, Okello.