[2023] KEELC 18093 (KLR)
The court determined that since both the plaintiff and defendant, through counsel and in person, agreed to abandon their respective applications, there was no need to proceed with the interlocutory matters. The applications were therefore marked as abandoned, and no orders as to costs were made. The main suit was...
Source-derived case information.
- Citation
- [2023] KEELC 18093 (KLR)
- Parties
- Plaintiff: David Akoko Otula; Defendant: James Ndege Okombo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 21 of 2022
- Procedural Posture
- Environment and Land Case / Ruling on Interlocutory Applications
- Outcome
- Both applications marked as abandoned with no orders as to costs. Suit fixed for directions.
- Judges
- GMA Ongondo
- Legal Topics
- Adverse Possession, Limitation of Actions, Injunctions, Breach of Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Akoko Otula
Plaintiff
James Ndege Okombo
Defendant
Procedural Posture
Environment and Land Case / Ruling on Interlocutory Applications
Legal Issues
- 1 Whether the respondent should be cited for contempt for breach of status quo court orders.
- 2 Whether a permanent injunction should issue restraining the plaintiff from interfering with the land boundary.
- 3 Whether the Land Registrar and Surveyor should be directed to restore the boundary and costs awarded.
Ratio Decidendi
The court determined that since both the plaintiff and defendant, through counsel and in person, agreed to abandon their respective applications, there was no need to proceed with the interlocutory matters. The applications were therefore marked as abandoned, and no orders as to costs were made. The main suit was fixed for directions, and the court maintained its neutrality by not granting any of the reliefs sought in the abandoned applications. This approach preserves judicial resources and respects the parties' autonomy in managing their litigation.
Court Disposition
Both applications marked as abandoned with no orders as to costs. Suit fixed for directions.
Orders
- The plaintiff's and defendant's applications are marked as abandoned.
- No orders as to costs.
Full Case Text
Judgment text and source record
21 paragraphs
Otula v Okombo (Environment & Land Case 21 of 2022) [2023] KEELC 18093 (KLR) (12 June 2023) (Ruling)
Neutral citation: [2023] KEELC 18093 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment & Land Case 21 of 2022
GMA Ongondo, J
June 12, 2023
(FORMERLY MIGORI CIVIL APPLICATION NO 78 OF 2019) IN THE MATTER OF LIMITATION OF ACTIONS ACT CHAPTER 22 IN THE MATTER OF SOUTH KARACHUONYO/KAMENYA/723 IN THE MATTER IF CIVIL PROCEDURE RULES 2010 IN THE MATTER OF ARTICLE 40 OF THE CONSTITUTION OF KENYA IN THE MATTER OF A CLAIM FOR ADVERSE POSSESSION PURSUANT TO SECTION 38 OF THE LIMITATIONS OF ACTIONS ACT
Between
David Akoko Otula
Plaintiff
and
James Ndege Okombo
Respondent
Ruling
1. This ruling is in respect to two applications:a)The plaintiff/applicant’s notice of motion dated 26th November 2020 seeking orders that:i)Spent.ii)The Honourable Court be pleased to CITE the Respondent, James Ndege Okombo for a Notice to Show Cause why he should not be committed to Civil jail for six (6) months for the wanton breach of status Quo Court Orders issued on 4/2/2020. iii)The Honourable Court be pleased to grant such further Orders to uphold its integrity and the Rule of Law.iv)Costs be provided.b)The defendant/applicant’s Notice of Motion dated 16th December 2021 seeking the orders infra:i)The Honourable Court be pleased to issue a Permanent Order of Injunction thereby restraining the plaintiff/respondent, his agents, servants, employees and/or anybody deriving authority from him from further interfering with the boundary of Land Parcel No. South Karachuonyo/Kamenya/723. ii)The Honourable Court be pleased to issue an order directing the Land Registrar and Surveyor for Rachuonyo subcounties to restore the boundary to land parcel No. South Karachuonyo/Kamenya/723 which has been defaced by the Plaintiff/Respondent.iii)The costs of restoring the boundary be paid by the Plaintiff/Respondent.iv)The Costs of application be provided for in favour of the defendant/applicant.
2. The applicant/plaintiff’ s counsel, Mr. Ongoso and the applicant/defendant in person have agreed to abandon both applications.
3. So, the said both applications are hereby marked as abandoned with no orders as to costs.
4. The suit is fixed for directions on 27th July 2023.
5. It is so ordered.
DELIVERED, DATED AND SIGNED AT HOMABAY THIS 12TH DAY OF JUNE 2023. G.M.A ONG’ONDOJUDGEPRESENT.1. Mr. Ongoso learned counsel for the applicant/plaintiff.2. The applicant/defendant present in person.3. Court Assistant, Okello.