Otula v Okombo [2023] KEELC 18093 (KLR)

Otula v Okombo (Environment & Land Case 21 of 2022) [2023] KEELC 18093 (KLR) (12 June 2023) (Ruling)

Neutral citation: [2023] KEELC 18093 (KLR)

Republic of Kenya

In the Environment and Land Court at Homa Bay

Environment & Land Case 21 of 2022

GMA Ongondo, J

June 12, 2023

(FORMERLY MIGORI CIVIL APPLICATION NO 78 OF 2019) IN THE MATTER OF LIMITATION OF ACTIONS ACT CHAPTER 22 IN THE MATTER OF SOUTH KARACHUONYO/KAMENYA/723 IN THE MATTER IF CIVIL PROCEDURE RULES 2010 IN THE MATTER OF ARTICLE 40 OF THE CONSTITUTION OF KENYA IN THE MATTER OF A CLAIM FOR ADVERSE POSSESSION PURSUANT TO SECTION 38 OF THE LIMITATIONS OF ACTIONS ACT

Between

David Akoko Otula

Plaintiff

and

James Ndege Okombo

Respondent

Ruling

1. This ruling is in respect to two applications:a)The plaintiff/applicant’s notice of motion dated 26th November 2020 seeking orders that:i)Spent.ii)The Honourable Court be pleased to CITE the Respondent, James Ndege Okombo for a Notice to Show Cause why he should not be committed to Civil jail for six (6) months for the wanton breach of status Quo Court Orders issued on 4/2/2020. iii)The Honourable Court be pleased to grant such further Orders to uphold its integrity and the Rule of Law.iv)Costs be provided.b)The defendant/applicant’s Notice of Motion dated 16th December 2021 seeking the orders infra:i)The Honourable Court be pleased to issue a Permanent Order of Injunction thereby restraining the plaintiff/respondent, his agents, servants, employees and/or anybody deriving authority from him from further interfering with the boundary of Land Parcel No. South Karachuonyo/Kamenya/723. ii)The Honourable Court be pleased to issue an order directing the Land Registrar and Surveyor for Rachuonyo subcounties to restore the boundary to land parcel No. South Karachuonyo/Kamenya/723 which has been defaced by the Plaintiff/Respondent.iii)The costs of restoring the boundary be paid by the Plaintiff/Respondent.iv)The Costs of application be provided for in favour of the defendant/applicant.

2. The applicant/plaintiff’ s counsel, Mr. Ongoso and the applicant/defendant in person have agreed to abandon both applications.

3. So, the said both applications are hereby marked as abandoned with no orders as to costs.

4. The suit is fixed for directions on 27th July 2023.

5. It is so ordered.

DELIVERED, DATED AND SIGNED AT HOMABAY THIS 12TH DAY OF JUNE 2023. G.M.A ONG’ONDOJUDGEPRESENT.1. Mr. Ongoso learned counsel for the applicant/plaintiff.2. The applicant/defendant present in person.3. Court Assistant, Okello.