[2023] KEELC 17982 (KLR)
The court determined that, in the interest of justice and by consent of the parties present, the prevailing status quo should be maintained, specifically prohibiting any party from interfering with the road of access on LR No Kabuoch/K/K Karita/548, pending the hearing and determination of the main suit. This...
Source-derived case information.
- Citation
- [2023] KEELC 17982 (KLR)
- Parties
- Plaintiff: Onyango Michael Amala (Suing as a personal representative of the Estate of Joseph Amala Okuthe - Deceased); Defendant: Peter Ochar; Defendant: Sabastian Ngonga; Defendant: Land Surveyor, Homabay County; Defendant: Land Registrar, Homabay County; Defendant: Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Land Case 32 of 2021
- Procedural Posture
- Land Case / Interlocutory Ruling on Notice of Motion; Pre Trial
- Outcome
- Interlocutory orders granted by consent; status quo to be maintained pending hearing.
- Judges
- GMA Ongondo
- Legal Topics
- Status Quo Orders, Road of Access Disputes, Interlocutory Injunctions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Onyango Michael Amala (Suing as a personal representative of the Estate of Joseph Amala Okuthe - Deceased)
Plaintiff
Peter Ochar
Defendant
Sabastian Ngonga
Defendant
Land Surveyor, Homabay County
Defendant
Land Registrar, Homabay County
Defendant
Attorney General
Defendant
Procedural Posture
Land Case / Interlocutory Ruling on Notice of Motion; Pre Trial
Legal Issues
- 1 Whether the status quo should be maintained pending the hearing and determination of the suit.
- 2 Whether any party should interfere with the road of access touching on LR No Kabuoch/K/K Karita/548 before final determination.
Ratio Decidendi
The court determined that, in the interest of justice and by consent of the parties present, the prevailing status quo should be maintained, specifically prohibiting any party from interfering with the road of access on LR No Kabuoch/K/K Karita/548, pending the hearing and determination of the main suit. This preserves the subject matter and prevents any action that could prejudice the rights of the parties before the substantive issues are resolved at trial. The court's power to grant such orders is grounded in Section 13(7)(a) of the Environment and Land Court Act, 2015, and is further supported by relevant practice directions. The agreement of the parties and the absence of opposition...
Court Disposition
Interlocutory orders granted by consent; status quo to be maintained pending hearing.
Orders
- The parties shall maintain the prevailing status quo.
- None of the parties shall interfere with the road of access touching on LR No Kabuoch/K/K Karita/548 pending the hearing and determination of this suit.
Full Case Text
Judgment text and source record
26 paragraphs
Amala (Suing as a personal representative of the Estate of Joseph Amala Okuthe - Deceased) v Ochar & 4 others (Land Case 32 of 2021) [2023] KEELC 17982 (KLR) (30 May 2023) (Ruling)
Neutral citation: [2023] KEELC 17982 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Land Case 32 of 2021
GMA Ongondo, J
May 30, 2023
(FORMERLY MIGORI ELC LAND CASE NO 95 OF 2017)
Between
Onyango Michael Amala
Plaintiff
Suing as a personal representative of the Estate of Joseph Amala Okuthe - Deceased
and
Peter Ochar
1st Respondent
Sabastian Ngonga
2nd Respondent
Land Surveyor, Homabay County
3rd Respondent
Land Registrar, Homabay County
4th Respondent
Attorney General
5th Respondent
Ruling
1. Upon counsel for the 1st and 2nd defendant/respondents and the plaintiff in person and in the absence of the 3rd, 4th and 5th defendants/respondents duly served as per affidavit of service sworn and filed on May 28, 2023, it is hereby agreed that the Notice of Motion be and is hereby determined thus:a.The parties to maintain the prevailing status quo herein. In particular, none of the parties herein shall interfere with road of access touching on LR No Kabuoch/K/K Karita/548 pending the hearing and determination of this suit.b.Parties are applauded for reaching the orders made herein in regard to the Notice of Motion the line with sections 13 (7) (a) of the Environment andLand Act 2015 (2017) and practice direction No 32 of the Environment and Land Act, 2014. c.Hearing of the suit on July 25, 2023.
DELIVERED, DATED AND SIGNED AT HOMABAY THIS 30TH DAY OF MAY 2023. G.M.A ONG’ONDOJUDGEPRESENT:1. Ms Oriche learned counsel for the 1st and 2nd Defendants.2. Plaintiff3. 1st and 2nd defendants.4. Mutiva and Okello, Court Assistants.