Odongo v Onyango [2023] KEELC 325 (KLR)

Odongo v Onyango (Environment & Land Case 2 of 2022) [2023] KEELC 325 (KLR) (30 January 2023) (Ruling)

Neutral citation: [2023] KEELC 325 (KLR)

Republic of Kenya

In the Environment and Land Court at Homa Bay

Environment & Land Case 2 of 2022

GMA Ongondo, J

January 30, 2023

(Formerly Migori ELC Case No 97 of 2017)

Between

Moses Owino Odongo

Plaintiff

and

Albert Onyango

Defendant

(Formerly Migori Elc Case No. 97 Of 2017)

Ruling

1. This ruling relates to a report refer Sk/Co/Hb/Volv/130 dated April 7, 2022 by James Adada (surveyor) for county surveyor, Homa-Bay county. The report reads, inter alia;

Conclusion“After the establishment of the boundary for Kenyamwa/Kayamo/Kwamo/389 and erection of beacons all around it the order was deemed to have been fully executed and complied with”. 2. The report was made pursuant to this court’s orders of June 22, 2022.

3. The plaintiff, Moses Owino Odongo has confirmed that:“The orders of June 22, 2022 complied with”.

4. The defendant, Albert Onyango has affirmed the position as stated in paragraph 3 herein above.

5. In the premises, the boundaries of the suit land reference number Kayamwa/Kayamo/Kwamo/389, have been ascertained and fixed in accordance with sections 18 and 19 of the Land Registration Act, 2016 (2012).

6. Both parties in this suit to comply accordingly.

7. This matter is marked as finalized or determined.

8. It is so ordered.

DELIVERED, DATED AND SIGNED AT HOMA-BAY THIS 30TH DAY OF JANUARY 2023G.M.A ONG’ONDOJUDGEPresentPlaintiff, present in person.Defendant, present in person.Okello, court assistant