[2023] KEELC 18045 (KLR)
The court's decision was based on the mutual agreement of the parties to abandon both the applicant's and the intended interested party's interlocutory applications. The court recognized the parties' autonomy to withdraw their applications and accordingly marked both as abandoned, making no orders as to costs. No...
Source-derived case information.
- Citation
- [2023] KEELC 18045 (KLR)
- Parties
- Applicant: John Onyango; Respondent: Orinda Asiago
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 9 of 2022
- Procedural Posture
- Environment and Land Case / Ruling on Interlocutory Applications
- Outcome
- Both applications are abandoned by consent with no orders as to costs.
- Judges
- GMA Ongondo
- Legal Topics
- Interlocutory Injunctions, Joinder of Parties, Land Demarcation, Limitation of Actions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Onyango
Applicant
Orinda Asiago
Respondent
Procedural Posture
Environment and Land Case / Ruling on Interlocutory Applications
Legal Issues
- 1 Whether a conservation order should be issued to restrain the respondent from interfering with the suit property pending determination of the originating summons.
- 2 Whether the intended interested party should be enjoined in the proceedings and survey orders issued regarding the land parcels.
Ratio Decidendi
The court's decision was based on the mutual agreement of the parties to abandon both the applicant's and the intended interested party's interlocutory applications. The court recognized the parties' autonomy to withdraw their applications and accordingly marked both as abandoned, making no orders as to costs. No substantive determination was made on the merits of the applications, and the ruling was confined to recording the parties' consent and disposing of the applications on that basis.
Court Disposition
Both applications are abandoned by consent with no orders as to costs.
Orders
- Both the applicant's and the intended interested party's applications are marked as abandoned.
- There shall be no orders as to costs.
Full Case Text
Judgment text and source record
19 paragraphs
Onyango v Asiago (Environment & Land Case 9 of 2022) [2023] KEELC 18045 (KLR) (14 June 2023) (Ruling)
Neutral citation: [2023] KEELC 18045 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment & Land Case 9 of 2022
GMA Ongondo, J
June 14, 2023
In The Matter Of Land Parcel, Kisumu/Kogony/5402 And In The Matter Of Section 38 Of Limitation Of Actions Act Cap 22 Laws Of Kenya And In The Matter Of Order 37 Rules 7(1) Of The Civil Procedure Rules
Between
John Onyango
Applicant
and
Orinda Asiago
Respondent
Ruling
1. The present ruling pertains to two applications namely:a.A Notice of Motion dated July 19, 2022 by the applicant through C Obiero and Associates Advocates seeking the orders infra:i.Mootii.Mootiii.That after hearing of this application, a conservation order be issued prohibiting the respondents, their agents, employees or any persons acting through them from constructing, fencing, continuing with fencing, cutting vegetables, demolishing structures or doing anything that will compromise the interest of the applicant and the originating summons Number 09 of 2022 herein until substantive originating summons is heard and determined.iv.Costs be in the cause.b.A notice of motion dated September 20, 2022 by the intended interested Party through the firm of Odhiambo Ogutu and Company Advocates seeking the following orders:i.Spent.ii.The intended interested party be allowed to be enjoined in the Originating summons as an Interested Party.iii.There be an adoption of survey already done on May 10, 2022 and/or a Re-survey of land parcels No C/Karachuonyo/3012 and C/Karachuonyo/3013 by a government surveyor to determine the correct demarcations of both parcels of land.iv.That subject to Order (3) above, Parties be ordered to occupy their respective parcels of land in default eviction Order to issue.v.Costs be provided for.
2. Today, Mr Obiero learned counsel for the applicant and Mr Wasonga Ouma learned counsel for the intended interested party, have agreed to abandon both applications.
3. In the upshot, both applications be and are hereby abandoned with no orders as to costs.
DATED AND SIGNED AT HOMABAY THIS 14TH DAY OF JUNE 2023. G M A ONG’ONDOJUDGEPRESENTOtieno, learned counsel for the applicantWesonga Ouma, learned counsel for the interested parties.Court Assistant, Okello and Mutiva.