Marwa v Wambura

Marwa v Wambura (Enviromental and Land Originating Summons E020 of 2024) [2024] KEELC 14217 (KLR) (24 July 2024) (Ruling) Neutral citation: [2024] KEELC 14217 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MIGORI ENVIROMENTAL AND LAND ORIGINATING SUMMONS E020 OF 2024 GMA ONGONDO, J JULY 24, 2024 BETWEEN EVANS CHACHA MARWA ...................................................................... PLAINTIFF AND AMOS CHACHA WAMBURA ............................................................. DEFENDANT RULING 1. This ruling is in respect of an application by way of a Notice of Motion dated 1st July 2024 for interim preservation orders in respect of the suit land reference number Bugumbe /Mabera/105 pending the hearing and determination of this suit. 2. After hearing Mr Mudeyi Okumu learned counsel for the plainti as well as Mr Agure Odero learned counsel for the defendant and in light of section 13 (7) (a) of the Environment and Land Court Act 2015 (2011) and being guided by the case of Ogada-vs-Mollin (2009) KLR on interim preservation orders, the application is hereby determined, inter alia; a. The parties to maintain the prevailing status quo over the suit land pending the outcome of the originating summons. b. That in particular, the plainti to continue being in occupation of the suit land to the extent of 3.7 acres and c. There shall be no sale, charge, transfer, subdivision or disposal of the suit land pending the hearing and determination of the suit. 3. Costs of the application be in the cause 4. The originating summons dated 1st July 2024 be served on the defendant’s counsel. 5. The suit is xed for directions on 17th October 2024. https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/14217/eng@2024-07-24 1

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