Kabongo & 2 others v Ogola & another (Land Originating Summons E010 of 2026) [2026] KEELC 4349 (KLR) (14 July 2026) (Ruling) Neutral citation: [2026] KEELC 4349 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT HOMA BAY LAND ORIGINATING SUMMONS E010 OF 2026 JW WANYONYI, J JULY 14, 2026 BETWEEN CALVINCE OMONDI KABONGO .................................................... 1ST PLAINTIFF KENNEDY KABONGO ...................................................................... 2ND PLAINTIFF DENIS OUMA KABONGO ................................................................ 3RD PLAINTIFF AND SELEMIAH OKINYI OGOLA ......................................................... 1ST DEFENDANT KENNEDY ODHIAMBO OKETCH .............................................. 2ND DEFENDANT RULING 1. This matter was transferred from Ndhiwa Court to this Court on 13th January 2026 on account of Jurisdiction. 2. The plaintifi had filed a suit against the Defendant where they sought for Orders of eviction amongst other prayers. 3. However, in the Course of proceedings before the lower Court on 18th June 2025, the plaintifi withdrew his Suit and the Counter claim was moved to this Court. 4. On 5th February 2026, Anyango Advocate for the Plaintifi was present while the Defendants were absent. 5. The Court then gave a mention on 8th May 2026 and directed Counsel to efiect Service. 6. On 8th May 2026, Counsel was present and all the defendants were also present. The Court then gave one month to comply with Order 11 and rescheduled the matter to 14th July 2026. https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4349/eng@2026-07-14 1
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7. Today, the matter has been called out twice and seemingly there is no response from the defendants. The defendants have also failed to comply with the Court directions. 8. For the reason of absence and non- compliance, I proceed to dismiss the Counter claim with Costs to the plaintifi. This file is marked as closed. RULING, DATED AND DELIVERED VIRTUALLY AT HOMA BAY VIA TEAMS PLATFORM THIS 14TH DAY OF JULY 2026 IN OPEN COURT. In the presence of; Anyango for the plaintifi-Present 1st, 2nd and 3rd defendants in person-Absent. Ms. Bosibori, court assistant. JUSTICE JOHN WALTER WANYONYI -JUDGE https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4349/eng@2026-07-14 2
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