Jerusa Atieno Asigo v Charles Asigo Orony [2021] KEELC 4682 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT MIGORI

ELC  APPEAL CASE NO. 31 OF 2019

JERUSA ATIENO ASIGO..........................................APPELLANT

VERSUS

CHARLES ASIGO ORONY....................................RESPONDENT

JUDGMENT

By consent of the appellant represented by M/s Odondi Awino and Company Advocates and the respondent who appears in person, this appeal originated by a memorandum of appeal dated 6th November 2019 duly lodged in court on 18th November 2019, be and is hereby allowed in the following terms;-

1. The respondent, Charles Asigo Orony to surrender the whole of the suit land LR NO. Kamagambo/Kabuoro/10339 measuring approximately zero decimal two six five hectares (0. 265 Ha) in area to the appellant, Jerusa Atieno Asigo and her three (3) sons and three (3) daughters forthwith.

2. The parties herein to execute the requisite transfer documents and complete the transfer of the suit land within the next ninety (90) days from this date, in default, the Deputy Registrar of this court to execute the documents accordingly.

3. The appellant and respondent who are wife and husband respectively are applauded for their wise decision to resolve this dispute in the spirit of Article 159 (2) ( c) of the Constitution of Kenya, 2010.

4. Mention to confirm compliance and for final directions on 28th April, 2021.

It is so ordered.

DATED, SIGNED DELIVERED in open Court at MIGORI this 19th DAY OF JANUARY 2021.

G.M.A. ONGONDO

JUDGE

In presence of;-

Mr. Odondi Awino learned counsel for the appellant

Tom Maurice – Court Assistant