Okoth v Okelo; Achiles & 2 others (Interested Parties) (Environment & Land Case 33 of 2021) [2023] KEELC 496 (KLR) (8 February 2023) (Ruling) Neutral citation: [2023] KEELC 496 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT HOMA BAY ENVIRONMENT & LAND CASE 33 OF 2021 GMA ONGONDO, J FEBRUARY 8, 2023 BETWEEN AGABATUS OGALO OKOTH .................................................................. PLAINTIFF AND LAWRENCE MORTY OPIYO OKELO ............................................... DEFENDANT AND COLLINS OMONDI ACHILES .............................................. INTERESTED PARTY JOSEPH OPIYO ........................................................................ INTERESTED PARTY DISTRICT LAND REGISTRARE HOMA-BAY .................. INTERESTED PARTY RULING 1. Learned counsel for the plaintifi, learned counsel for the defendant and the 1st interested party have drawn the attention of this court to a draft consent dated January 26, 2023 and duly filed herein. 2. The consent reads: a) That the defendant shall transfer a portion of land parcel known as LR No Kabuoch/K/ K/Karita/755 measuring 2.9 Acres only without any additional claim to the plaintifi at the plaintifi’s cost. b) That the defendant shall within 7 days of recording this consent, execute all the necessary documents including transfer forms, consent forms, mutations and any other document and/ or form required for successful and efiective transfer of 2.9 acres of parcel of land parcel as LR No Kabuoch/K/K/Karita/755. c) That the defendant shall within 7 days of recording of this consent, surrender to the plaintifi’s Advocates copies of KRA pin certificate, national identification /document (ID), 3 coloured https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/496/eng@2023-02-08 1
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passport size photos and original Titled Deed of land parcel LR No Kabuoch/K/K/Karita/755 which is the subject of transfer. d) That upon compliance with the terms of the consent at paragraphs 2 and 3, the plaintifi shall remove the restriction that was registered in the land parcel No Kabuoch/K/K/Karita/755 immediately. e) That upon the removal of restriction referred to in paragraph 4 above, the interested parties shall be at liberty to transfer their own portions. f) That should the defendant fail to comply with the above terms of the consent; the plaintifi will be at liberty proceed with the hearing from where it stopped. 3. The plaintifi, Agubatus Ogola Okoth and his counsel, V Migai as well as the defendant, Lawrence Morty Opiyo Okello and his counsel, Ms Ochieng instructed by the firm of H Obach and partners advocates as well as the 1st interested party, Collins Omondi Achilles in person, have afirmed the consent. 4. In that regard, the consent in it’s entirety is adopted accordingly 5. The suit is fixed for February 27, 2023 to confirm compliance with the consent and for further directions. 6. The 2nd and 3rd interested parties to be served by the plaintifi’s counsel. 7. It is so ordered. DELIVERED, DATED AND SIGNED AT HOMA-BAY THIS 8TH DAY OF FEBRUARY 2023. G.M.A ONG’ONDO JUDGE Present: 1. V Migai, learned counsel for the plaintifi. 2. Ms Ochieng, learned counsel for the defendant 3. 1st interested party, present in person. 4. Okello, Court Assistant https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/496/eng@2023-02-08 2
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