Omar v Obondo [2023] KEELC 15974 (KLR)

Omar v Obondo (Environment and Land Miscellaneous Application E001 of 2023) [2023] KEELC 15974 (KLR) (7 March 2023) (Ruling)

Neutral citation: [2023] KEELC 15974 (KLR)

Republic of Kenya

In the Environment and Land Court at Homa Bay

Environment and Land Miscellaneous Application E001 of 2023

GMA Ongondo, J

March 7, 2023

Between

Hamida Omar

Applicant

and

George Nyangor Obondo

Respondent

Ruling

1. This Ruling is in respect of the appellant’s application by way of a Notice of Motion dated 23rd February 2023 for extension of time and admission of his appeal out of time.

2. By consent of counsel for the respective parties, it is hereby ordered thus:a.The applicant/appellant to file and serve intended memo of appeal within (7) days from this date.b.The appellant/applicant to file and serve record of appeal in the next 45 days from this date without fail unless given reasonable cause in default, the stay order granted on 23rd February 2023 to lapse.c.The status quo in respect of land reference number Kanyamwa/Kabonyo/Kwandiku/2628 be maintained by the parties pending the hearing and determination of this appeal.d.The Notice of motion dated 23rd February 2023 is therefore, determined accordingly.

3. The matter be mentioned on 30th May 2023 for directions.

4. It is so ordered.

DELIVERED, DATED AND SIGNED THIS 7TH DAY OF MARCH 2023G.M.A ONG’ONDOJUDGEPresentMr. Ongoso, learned counsel for the applicant.Ms P. Odhiambo, holding brief for G.S Okoth learned counsel for the Respondent.