Wanga v Kowiti & another [2023] KEELC 15804 (KLR)

Wanga v Kowiti & another (Environment and Land Appeal E059 of 2022) [2023] KEELC 15804 (KLR) (27 February 2023) (Ruling)

Neutral citation: [2023] KEELC 15804 (KLR)

Republic of Kenya

In the Environment and Land Court at Homa Bay

Environment and Land Appeal E059 of 2022

GMA Ongondo, J

February 27, 2023

Between

Michael Okworo Wanga

Appellant

and

Joseph Omol Kowiti

1st Respondent

Margrat Achieng Otieno

2nd Respondent

(Appeal from the ruling of the Chief Magistrate’s Court, Homa Bay ELC No. 49 of 2020 delivered on the 30th November, 2022)

Ruling

1. After hearing Mr Nyakwamba and Ms Apondi for the appellant and the respondent, in regard to a notice of motion dated December 13, 2022, respectively, it is hereby ordered that:a.The access road initially opened by the court order in Homa-Bay Chief Magistrate’s court ELC Case No 49 of 2020 passing through LR Nos Gem/Kenyanjwa/682 and Gem/Kanyanjwa/1052, to remain open.b.The illegal diversion that was opened by the appellant in Lr No Gem/kanyanjwa/1052, to be closed pending the hearing and determination of this appeal.c.A parcel of land falling in Gem/Kanyanjwa/1052 between the access road and the illegal diversion to remain uncultivated by either parties herein pending the hearing and determination of this appeal.d.In that regard, the notice of motion dated December 13, 2023 herein, be marked as compromised accordingly.e.Costs of the said motion to abide and the outcome of this appeal.f.It is so ordered.

DELIVERED AND DATED AT HOMABAY THIS 27TH DAY OF FEBRUARY 2023. GMA ONG’ONDOJUDGEPRESENT.Mr Nyakwamba, learned counsel for the applicantMs Apondi, learned counsel for the respondent.Mutiva, Court Assistant.