Opiyo v Osongo [2024] KEELC 4487 (KLR)

Opiyo v Osongo (Environment & Land Case E011 of 2023) [2024] KEELC 4487 (KLR) (5 June 2024) (Ruling)

Neutral citation: [2024] KEELC 4487 (KLR)

Republic of Kenya

In the Environment and Land Court at Homa Bay

Environment & Land Case E011 of 2023

GMA Ongondo, J

June 5, 2024

Between

Pamella Auma Opiyo

Applicant

and

Mary Atieno Osongo

Respondent

Ruling

1. Mr. Nyakwamba learned counsel for the applicant, Pamela Auma Opiyo has made an application that the request for ex-parte Judgement dated 26th February 2024 be allowed pending formal proof.

2. The respondent duly served (see Ogada -versus -Mollin (2009) eKLR), entered appearance herein. However, she has not filed any statement of defence.

3. Order 10 rules 4, 5, 6 and 7 of the Civil Procedure Rules 2010 provide for liquidated demand and interlocutory judgment in a claim for pecuniary damages only or for detention of goods with or without a claim for pecuniary damages.

4. In the instant case, the applicant’s claim is for adverse possession in respect of land reference number Kasgunga/Kamreri/841. The same is not for a liquidated claim, pecuniary damages or detention of goods.

5. So, the request for ex-parte judgment dated 26th February 2024 is noted as superfluous herein.

6. Pursuant to Order 10 Rule 9 of the Civil Procedure Rules, 2010 aligned to Articles 48, 50(1) and 159 (2) (b) of the Constitution of Kenya 2010 and section 3 of the Environment and Land Court Act 2015 (2011), this suit is set down for hearing on 1st July 2024

7. The respondent be served accordingly.

8. It is so ordered.

Delivered and dated at Homa Bay this 5th day of June 2024. G.M.A ONG’ONDOJUDGEPRESENT.PARA 1. Mr. Nyakwamba learned counsel for the applicant.PARA 2. Mutiva and Obunga, Court Assistants.2 | PageHB ELC NO. E 011 OF 2023(OS)- RULING