Mathiko & another v Ongoro & another [2023] KEELC 375 (KLR)

Mathiko & another v Ongoro & another (Environment & Land Case 4 of 2021) [2023] KEELC 375 (KLR) (31 January 2023) (Ruling)

Neutral citation: [2023] KEELC 375 (KLR)

Republic of Kenya

In the Environment and Land Court at Homa Bay

Environment & Land Case 4 of 2021

GMA Ongondo, J

January 31, 2023

FORMERLY MIGORI ELC CASE NO. 30 OF 2020

Between

John Okong’o Mathiko

1st Plaintiff

Salome Ongoro

2nd Plaintiff

and

Alex Ongoro

1st Defendant

Vincent Ali Alex

2nd Defendant

Ruling

1. By an amended plaint dated 21st March 2022 and filed herein on 19th April 2022, the plaintiff through the firm of Agure Odero and Company Advocate are claiming being legal owners of land parcel number Suba/Kamweda/2860 measuring one decimal seven three hectares (1. 73 Ha) in area.

2. The suit land is located in Suba within the jurisdiction of Mbita Senior Resident Magistrate’s Court.

3. Bearing in mind the area of the suit land and being guided by Articles 6(3) and 48 of the Constitution of Kenya, 2010 as well as Sections 1A, 1B, 3, 3A, 11, 12, 13, 15, 18 (a) of the Civil Procedure Act Chapter 21 Laws of Kenya, it is hereby ordered and directed thus;a.This suit is transferred to Mbita Senior Resident Magistrate’s Court for hearing and determination.b.Mention before the said court for directions on 11th April 2023.

DATED AND DELIVERED AT HOMA-BAY THIS 31ST DAY OF JANUARY 2023. G.M.A ONG’ONDOJUDGEPresent:1. Mr. Odero, learned counsel for the plaintiff.2. Okello, court assistant.