Odiero (Suing on behalf of self and on behalf of Scholastica Odiero, Andrew Mbuor, James Bosire, Lillian Atieno Ouko, Joseph Obiero, Patrice Mbuor and Vincent Mokaya) v Ogola [2023] KEELC 15796 (KLR)

Odiero (Suing on behalf of self and on behalf of Scholastica Odiero, Andrew Mbuor, James Bosire, Lillian Atieno Ouko, Joseph Obiero, Patrice Mbuor and Vincent Mokaya) v Ogola (Environment & Land Case 69 of 2021) [2023] KEELC 15796 (KLR) (23 February 2023) (Ruling)

Neutral citation: [2023] KEELC 15796 (KLR)

Republic of Kenya

In the Environment and Land Court at Homa Bay

Environment & Land Case 69 of 2021

GMA Ongondo, J

February 23, 2023

Between

Scholastica Odiero (Suing on behalf of self and on behalf of Scholastica Odiero, Andrew Mbuor, James Bosire, Lillian Atieno Ouko, Joseph Obiero, Patrice Mbuor and Vincent Mokaya)

Applicant

and

Beatrice Awuor Ogola

Respondent

Ruling

1. The plaintiff, Scholastica Odiero who appears in person filed this suit by way of an originating summons dated November 20, 2019 on November 28, 2019 claiming to have acquired by adverse possession, the suit land, reference Gem/Kajulu/2.

2. The last time the appellant took a step in this matter was on February 24, 2021.

3. A notice to show cause dated January 25, 2023 was issued to the applicant.

4. Therefore, the matter has been called in and outside court. The parties herein are absent without any reason.

5. So, pursuant to order 17 rule 2 of the Civil Procedure Rules, 2010, this suit is hereby dismissed with no orders as to costs.

6. Orders accordingly.

DELIVERED AND DATED AT HOMABAY THIS 23RD DAY OF FEBRUARY 2023. G M A ONG’ONDOJUDGEPRESENTOkello, Court Assistant.