Opiyo v Odeny & 3 others [2023] KEELC 15801 (KLR)

Opiyo v Odeny & 3 others (Environment & Land Case 8 of 2022) [2023] KEELC 15801 (KLR) (27 February 2023) (Ruling)

Neutral citation: [2023] KEELC 15801 (KLR)

Republic of Kenya

In the Environment and Land Court at Homa Bay

Environment & Land Case 8 of 2022

GMA Ongondo, J

February 27, 2023

Between

Moses Jack Opiyo

Plaintiff

and

Felida Aoko Odeny

1st Defendant

Fredrick Omondi Odeny

2nd Defendant

Edwina Atieno Odeny

3rd Defendant

Beatrice Adhiambo Ochola

4th Defendant

Ruling

1. This court has heard H Mimba learned counsel for the defendants and counsel Adingo, learned counsel for the plaintiff herein.

2. The plaintiff originated this suit by a plaint dated November 10, 2022 and filed in court on November 16, 2022. He is seeking that the subdivisions of the suit land Reference number HomaBay Kothidha/2173, be cancelled, among other orders.

3. Having noted the character of the matter as discerned in the pleadings and in light of sections 11 and 18(a) of the Civil Procedure Act Cap 21 Laws of Kenya, I order and direct thus:a.This suit is hereby transferred to the Chief Magistrate’s Court at Homa-Bay for hearing and determination.b.Mention before the Chief Magistrate’s Court at HomaBay for directions on March 27, 2023. c.It is so ordered.

DELIVERED AND DATED THIS 27TH DAY OF FEBRUARY 2023G.M.A ONG’ONDOJUDGEPresentMimba holding brief for Mugeria, Lempaa and Kariweri and Company Advocates for the defendantsMs. C. Adingo holding brief for Amuga for plaintiff.Court Assistant, Mutiva