Raphael Ondeto v Ludofika Okumu & Victor Okidor [2014] KEHC 1853 (KLR)

REPUBLIC OF KENYA.

IN THE HIGH COURT OF KENYA

AT BUSIA

ELC. NO. 148 OF 2014

RAPHAEL ONDETO...........................................................PLAINTIFF

VERSUS

LUDOFIKA OKUMU................................................1ST DEFENDANT

VICTOR  OKIDOR..................................................2ND DEFENDANT

R U L I N G.

RAPHAEL ONDETO, the  Applicants, through M/S. D.L. Were & Were company Advocates, filed the  notice of motion  under certificate  of urgency dated 30th June, 2014  against Ludofika  Okumu and  Victor  Ekidor, hereinafter  after referred to as 1st and 2nd Respondent. He prays for injunction orders against  the Respondents from dealing with land parcel south Teso/Amukura/1370. The  application  is opposed through the replying affidavit of the 1st Respondent.

I have carefully considered the grounds on the application, the contents  of the supporting and replying affidavits and  submissions presented during the hearing  and find as follows:

1. That the Applicant got registered  with the suit land on 5th October, 1987 and was issued with a land certificate  on 2nd November, 1987 as confirmed  in the annexture marked ‘’RO1’’ attached  to the supporting  affidavit .

2. That the Applicant has had several cases over the suit land as detailed in the supporting  affidavit  from the time   he got registered  as the proprietor  in 1987.

3. That the  contention by the Respondents that they have all along lived on the land has not been disputed and it is only fair the main  suit be heard  before  the injunctive  orders can be considered as they have a similar effect to the eviction orders in the main suit.

4. That there  is nothing  to suggest that the Respondents  have  done or are likely to do anything to the suit land that  is different to the way they have been utilizing  the suit  land and which would change the legal and physical status of the suit land to the detriment  of the Applicant.

Therefore  the application  dated 30th June, 2014 is  rejected  and dismissed  with costs in the cause.

S.M. KIBUNJA,

JUDGE.

DATED AND DELIVERED ON  12TH .DAY OF NOVEMBER, 2014.

IN THE PRESENCE OF;………N/A……………………… PLAINTIFF/APPLICANT

……………PRSENT…….............1ST DEFENDANT/RESPONDENT

……………PRESENT………………2ND DEFENDANT/RESPONDENT

……………N/A……………………..PLAINTIFF/APPLICANT’S COUNSEL

JUDGE.