Dache v Odero (Environment & Land Case E003 of 2023) [2023] KEELC 16145 (KLR) (6 March 2023) (Ruling) Neutral citation: [2023] KEELC 16145 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT HOMA BAY ENVIRONMENT & LAND CASE E003 OF 2023 GMA ONGONDO, J MARCH 6, 2023 BETWEEN PETER OWUOR DACHE ......................................................................... PLAINTIFF AND AKIRI AJUNGU ODERO ALIAS ODERO AJUNGU ........................ DEFENDANT RULING 1. By a Notice of Motion application dated January 31, 2023 and lodged in court on February 2, 2023, the applicant through LK Obwanda and Company Advocates is seeking the following orders: a. Spent b. The interim orders of injunction do issue restraining the Defendant/ Respondent himself, through his agents, assigns or anybody else deriving authority from Defendant/Respondent from entering into, disposing of, remaining in possession, and/or in any other way dealing with the suit properties being land parcel numbers Kabuoch/kachieng /394 pending the hearing and determination of this application inter-partes. c. That interim orders of injunction do issue restraining the Defendant / Respondent by himself, through his agents, assigns or anybody else deriving from the Defendant/Respondent from entering into, disposing of, remaining in possession and/or in any other way dealing with the suit property, being land parcel number Kabuoch/kachieng/394, pending the hearing and determination of the main suit. d. Costs. https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/16145/eng@2023-03-06 1
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2. The respondent, has not replied to the application. He has no objection to the granting of orders sought in the application. That they can dismiss with a view to resolving the matter herein. 3. LK Obwanda, learned counsel for the applicant has informed the court that discussion ongoing and urged the court to grant order number 3 sought in the application in the circumstances. 4. Having heard counsel for the applicant and the respondent in person, I am guided by in section 13 (7)(a) of the Environment and Land Court Act, 2015(2011) and the decision in Jan Bonde Nielsen v Nguruman Limited (2014) eKLR. 5. Clearly, the application is rm, and merited. 6. Accordingly, this application is hereby allowed in terms of interim orders of injunction as stated in paragraph 1 (c) hereinabove. 7. It is so ordered. DELIVERED, DATED AND SIGNED THIS 6TH DAY OF MARCH 2023. G.M.A ONG’ONDO JUDGE https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/16145/eng@2023-03-06 2
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