Ogwang & 3 others v Odak ((Sued in his capacity as the legal representative and an administrator of the Estate of Zilpah Odak (Deceased)) [2023] KEELC 17767 (KLR) | Status Quo Orders | Esheria

Ogwang & 3 others v Odak ((Sued in his capacity as the legal representative and an administrator of the Estate of Zilpah Odak (Deceased)) [2023] KEELC 17767 (KLR)

Full Case Text

Ogwang & 3 others v Odak ((Sued in his capacity as the legal representative and an administrator of the Estate of Zilpah Odak (Deceased)) (Environment & Land Case 28 of 2021) [2023] KEELC 17767 (KLR) (24 May 2023) (Ruling)

Neutral citation: [2023] KEELC 17767 (KLR)

Republic of Kenya

In the Environment and Land Court at Homa Bay

Environment & Land Case 28 of 2021

GMA Ongondo, J

May 24, 2023

(FORMERLY MIGORI ELC CASE NO. 48 OF 2017)

Between

Andrew Otieno Ogwang

1st Plaintiff

Tom Ochola Odhiambo

2nd Plaintiff

Grace Akinyi Okinda

3rd Plaintiff

Lucy Atieno Ochieng

4th Plaintiff

and

Tom Odak

Defendant

(Sued in his capacity as the legal representative and an administrator of the Estate of Zilpah Odak (Deceased)

Ruling

1. Mr. Ochwangi learned counsel for the plaintiff has sought an order of status quo to be maintained over the suit land reference numbers Central Kasipul/Kamuma/5844, 5845, 5846 and 5847 pending the hearing and determination of this suit.

2. Mr. R. Ochieng learned counsel for the respondent has no objection to the application for status quo order.

3. In that regard, the plaintiff’s application is meritorious bearing in mind Section 13 (7) (a) of the Environment and Land Act, 2015 (2011) and other relevant provisions of the law; see alsoOgada -versus- Mollin (2009) eKLR 620.

4. A fortiori, the parties to maintain status quo over the suit parcels of land reference numbers Central Kasipul/Kamuma/5844, 5845, 5846 and 5847 pending the hearing and determination of this suit. In particular, the parties shall not sell, charge subdivision and transfer of the suit reference numbers during the said period.

5. It is so ordered.

G.M.A ONG’ONDOJUDGEDELIVERED, DATED AND SIGNED AT HOMABAY THIS 24TH DAY OF MAY 2023. PRESENT.1. Mr. B. Mulisa holding brief for Ochwangi for Plaintiff.2. Mr. Ochieng holding brief for Odingo for defendant.3. Court Assistant, Mutiva