Ediwuor v Ogalo & 4 others; Ojwang & another (Interested Parties) [2024] KEELC 5897 (KLR) | Stay Of Execution | Esheria

Ediwuor v Ogalo & 4 others; Ojwang & another (Interested Parties) [2024] KEELC 5897 (KLR)

Full Case Text

Ediwuor v Ogalo & 4 others; Ojwang & another (Interested Parties) (Land Case Appeal E020 of 2024) [2024] KEELC 5897 (KLR) (17 September 2024) (Ruling)

Neutral citation: [2024] KEELC 5897 (KLR)

Republic of Kenya

In the Environment and Land Court at Homa Bay

Land Case Appeal E020 of 2024

GMA Ongondo, J

September 17, 2024

Between

Esau Ediwuor

Appellant

and

George Oner Ogalo

1st Respondent

Richard Ooko Stadi

2nd Respondent

Land Surveyor, Homa-Bay County

3rd Respondent

Land Registrar, Homa-Bay County

4th Respondent

Attorney General

5th Respondent

and

Pamela Adhiambo Ojwang

Interested Party

Caroline Anyango Ouma

Interested Party

(Appeal from the Judgement and Decree of Hon. Joy Shiundu Wesonga (PM), Homa-Bay Magistrate Law Courts in HOMABAY CMC ELC NO. E5 OF 2022 delivered on 19th April 2024)

Ruling

1. In an application by way of Notice of Motion dated 10th July 2024, the applicant through, L. Rodi Orege and Company Advocates is seeking, inter alia, that there be stay of execution of the trial court’s judgment and decree in Homa-Bay Chief Magistrate’s Court Environment and Land Case No. E5 of 2022 delivered on 19th April 2024 pending the hearing and determination of this appeal.

2. Ms. B Ochieng for the 1st respondent has informed the Court that a response was filed to the application. That nonetheless, the stay Order sought in the application be granted with no order as to costs.

3. I have considered the application in entirety as well as heard Ms. B Ochieng for the 1st respondent and Mr. Okumu for the applicant.

4. The other respondents and interested parties were duly served as per affidavit of service sworn on 5th August 2024. They didn’t respond to the application.

5. The applicant has an undoubted right of appeal in the circumstances, see Butt-versus Rent Restriction on Tribunal (1979) eKLR.

6. Accordingly, the application is merited. The same is hereby allowed in terms of prayer No. 3 for stay of execution of Judgment and decree therein as stated in paragraph 1 herein above with no order as to costs.

7. It is so ordered.

RULING DELIVERED, DATED AND SIGNED THIS 17TH DAY OF SEPTEMBER 2024. G.M.A ONG’ONDOJUDGEIn the presence of;Mr. Okumu learned counsel for the Applicant.Ms. B. Ochieng learned counsel for the 1st Respondent.T. Luanga, Court Assistant