Awino v Otieno [2023] KEELC 18104 (KLR) | Adverse Possession | Esheria

Awino v Otieno [2023] KEELC 18104 (KLR)

Full Case Text

Awino v Otieno (Environment & Land Case E001 of 2022) [2023] KEELC 18104 (KLR) (12 June 2023) (Ruling)

Neutral citation: [2023] KEELC 18104 (KLR)

Republic of Kenya

In the Environment and Land Court at Homa Bay

Environment & Land Case E001 of 2022

GMA Ongondo, J

June 12, 2023

Between

David Ochola Awino

Applicant

and

Rugina Akeyo Otieno

Respondent

Ruling

1. By a notice to cease acting dated June 6, 2023 pursuant to order 9 rule 13 of the Civil Procedure Rules, 2010, the firm of Aluoch Odera and Nyauke Advocates, for the applicant has sought to cease acting for the applicant, David Ochola Awino. The same is anchored on the reason that the said firm has no longer instructions from the applicant in this suit.

2. The notice served upon the applicant has not been responded to. The applicant is absent in court.

3. In the instant suit, the applicant is claiming ownership of the suit land reference No Gem/Kayanjwa/91 by adverse possession.

4. In the premises, the applicant’s counsel has given sufficient reason herein thus, discharged from acting for the applicant herein.

5. The suit is fixed for directions on September 25, 2023.

6. The applicant and the respondent be notified by the Deputy Registrar of this court accordingly.

7. It is so ordered.

DELIVERED, DATED AND SIGNED AT HOMABAY THIS 12TH DAY OF JUNE 2023. G.M.A ONG’ONDOJUDGEPresent.Aluoch Odera learned counsel for the applicant.Court Assistant, Okello