Dache v Odero [2023] KEELC 16145 (KLR) | Interlocutory Injunctions | Esheria

Dache v Odero [2023] KEELC 16145 (KLR)

Full Case Text

Dache v Odero (Environment & Land Case E003 of 2023) [2023] KEELC 16145 (KLR) (6 March 2023) (Ruling)

Neutral citation: [2023] KEELC 16145 (KLR)

Republic of Kenya

In the Environment and Land Court at Homa Bay

Environment & Land Case E003 of 2023

GMA Ongondo, J

March 6, 2023

Between

Peter Owuor Dache

Plaintiff

and

Akiri Ajungu Odero Alias Odero Ajungu

Defendant

Ruling

1. By a Notice of Motion application dated January 31, 2023 and lodged in court on February 2, 2023, the applicant through LK Obwanda and Company Advocates is seeking the following orders:a.Spentb.The interim orders of injunction do issue restraining the Defendant/Respondent himself, through his agents, assigns or anybody else deriving authority from Defendant/Respondent from entering into, disposing of, remaining in possession, and/or in any other way dealing with the suit properties being land parcel numbers Kabuoch/kachieng /394 pending the hearing and determination of this application inter-partes.c.That interim orders of injunction do issue restraining the Defendant /Respondent by himself, through his agents, assigns or anybody else deriving from the Defendant/Respondent from entering into, disposing of, remaining in possession and/or in any other way dealing with the suit property, being land parcel number Kabuoch/kachieng/394, pending the hearing and determination of the main suit.d.Costs.

2. The respondent, has not replied to the application. He has no objection to the granting of orders sought in the application. That they can dismiss with a view to resolving the matter herein.

3. LK Obwanda, learned counsel for the applicant has informed the court that discussion ongoing and urged the court to grant order number 3 sought in the application in the circumstances.

4. Having heard counsel for the applicant and the respondent in person, I am guided by in section 13 (7)(a) of the Environment and Land Court Act, 2015(2011) and the decision in Jan Bonde Nielsen v Nguruman Limited(2014) eKLR.

5. Clearly, the application is firm, and merited.

6. Accordingly, this application is hereby allowed in terms of interim orders of injunction as stated in paragraph 1 (c) hereinabove.

7. It is so ordered.

DELIVERED, DATED AND SIGNED THIS 6TH DAY OF MARCH 2023. G.M.A ONG’ONDOJUDGE