Reuben Oyamo Ondiek & Aggrey Omondi Ondiek v Joash Odhiambo Orangi [2017] KEELC 46 (KLR)

REPUBLIC OF KENYA

IN The ENVIRONMENT AND LAND COURT AT MIGORI

ELCC APPEAL NO. 70 OF 2017

REUBEN OYAMO ONDIEK

AGGREY OMONDI ONDIEK.....................PLAINTIFF/APPLICANT

VERSUS

JOASH ODHIAMBO ORANGI.........DEFENDANT/RESPONDENT

RULING

1. A Notice of Motion  dated 1 /2/2017 brought under Section 1A,1B & 3A Civil Procedure Act together with  Order  51 and  Order 40 of the Civil Procedure Rules 2010 seeks conservatory orders against the Defendant/Respondent JOASH ODHIAMBO ORANGI by the Plaintiffs, REUBEN OYAMO ONDIEK AND AGGREY OMONDI ONDIEK. It is for inter parties hearing today.

2. The Plaintiff/Applicant is represented by Mwita Kerario counsel instructed by Kerario Marwa and   Company Advocates. The Defendant/Respondent counsel is represented by Sam Onyango  and Company Advocates.

3. The  Plaintiff/Applicants counsel has applied to have the Notice of Motion application withdrawn with no orders as to costs. The application is consistent with the holding in Councils of Governors Vs. Senate & Anor (2014) KLR -SCK on liberty of a party to withdraw a matter in line with ARTICLE 159(2) (C) CONSTITUTIONOF KENYA 2010. His counsel has indicated that they will give  a shot at Alternative Dispute Resolution  mechanism in this  matter.

4. The Defendant/Respondents counsel has no  objection to the application. He is also for Alternative Dispute Resolution regarding the dispute.

5. I consider the prayers by the Plaintiff/Applicants counsel vis a vis the response by the Defendant/Respondent counsel.  I find the prayer merited and I allow  it.

6. Costs are  within the discretion of the court and follow the event see Proviso to Section 27 Civil Procedure Act Cap 21 Laws of Kenya and Rai -Vs. Rai  (2014) KLR -SCK. I make no order to costs in the application of withdrawal of the Notice of motion.

7. I direct that existing status quo on L.R. NO. SUNA  EAST WASWETA 1/20368(3) be observed and maintained until the suit is heard and determined.

8. The  parties are urged to embrace Alternative Dispute Resolution and will be at liberty to move the court appropriately.

GEORGE M. A.  ONGONDO

JUDGE

DELIVERED, SIGNED and DATED in open court at MIGORI this 15TH  day of March, 2017.

in the presence of :-

Mr. Mwita Kerario counsel for the Plaintiff/Applicant

Mr. Sam Onyango counsel for the Defendant/Respondent