Okello & Rowa & another v Ngorome [2024] KEELC 5896 (KLR)

Okello & Rowa & another v Ngorome (Environment and Land Appeal E031 of 2024) [2024] KEELC 5896 (KLR) (17 September 2024) (Ruling)

Neutral citation: [2024] KEELC 5896 (KLR)

Republic of Kenya

In the Environment and Land Court at Homa Bay

Environment and Land Appeal E031 of 2024

GMA Ongondo, J

September 17, 2024

Between

Dismas Okello & William Rowa

1st Appellant

Thomas Joseph Okello & Another

2nd Appellant

and

Anthony Odongo Ngorome

Respondent

Ruling

1. By a Notice of Motion dated 3rd July 2024, the appellants/applicants through Quinter Adoyo and Company Advocates, are seeking the principal order of stay of proceedings in Mbita Principal Magistrate’s Court Environment and Land Case No. E003 of 2023 pending the hearing and determination of this appeal.

2. Mr. Jack Otieno instructed by Quinter Adoyo and Company Advocates for the applicant has urged the court to grant the principal order with no order as to costs. That the record of appeal be filed and served within the next 60 days from this date.

3. Mr. Owino learned for the respondent has no opposition to the application having consulted his client to that effect.

4. It is therefore, common baseline that the applicant is entitled to the principal order sought in the application.

5. Accordingly, it is the finding of this court that the principal order is meritorious. The same is hereby allowed with no order as to costs.

6. The applicant’s counsel to file and serve record of appeal on or before 14th November 2024 for mention.

7. It is so ordered.

RULING DELIVERED, DATED AND SIGNED THIS 17TH DAY OF SEPTEMBER 2024. G.M.A ONG’ONDOJUDGE.PRESENT.Mr. Jack Otieno instructed by Quinter Adoyo Learned Counsel for applicant.Mr. Owino Learned Counsel for the Respondent.T. Luanga, Court Assistant.