Ogwang & 3 others v Odak (Sued in his capacity as the legal representative and an administrator of the Estate of Zilpah Odak (Deceased))

Ogwang & 3 others v Odak ((Sued in his capacity as the legal representative and an administrator of the Estate of Zilpah Odak (Deceased)) (Environment & Land Case 28 of 2021) [2023] KEELC 17767 (KLR) (24 May 2023) (Ruling) Neutral citation: [2023] KEELC 17767 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT HOMA BAY ENVIRONMENT & LAND CASE 28 OF 2021 GMA ONGONDO, J MAY 24, 2023 (FORMERLY MIGORI ELC CASE NO. 48 OF 2017) BETWEEN ANDREW OTIENO OGWANG .......................................................... 1ST PLAINTIFF TOM OCHOLA ODHIAMBO ............................................................ 2ND PLAINTIFF GRACE AKINYI OKINDA ................................................................ 3RD PLAINTIFF LUCY ATIENO OCHIENG ................................................................. 4TH PLAINTIFF AND TOM ODAK ............................................................................................ DEFENDANT (SUED IN HIS CAPACITY AS THE LEGAL REPRESENTATIVE AND AN ADMINISTRATOR OF THE ESTATE OF ZILPAH ODAK (DECEASED) RULING 1. Mr. Ochwangi learned counsel for the plainti has sought an order of status quo to be maintained over the suit land reference numbers Central Kasipul/Kamuma/5844, 5845, 5846 and 5847 pending the hearing and determination of this suit. 2. Mr. R. Ochieng learned counsel for the respondent has no objection to the application for status quo order. 3. In that regard, the plainti’s application is meritorious bearing in mind Section 13 (7) (a) of the Environment and Land Act, 2015 (2011) and other relevant provisions of the law; see also Ogada versus- Mollin (2009) eKLR 620. https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/17767/eng@2023-05-24 1

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