[2023] KEELC 938 (KLR)
The court, upon hearing counsel for all parties and noting their agreement, ordered that the respondent and interested party cease all activities on the suit land pending the hearing and determination of the main suit. The court further directed that the status quo orders previously issued remain in force. The...
Source-derived case information.
- Citation
- [2023] KEELC 938 (KLR)
- Parties
- Applicant: Jared Aketch Oyier; Respondent: Margaret Abuna Ondiek (Sued as the legal representative of Sime Oyua and Okach Sime –Deceased); Interested Party: Beatrice Wangui Onyona
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 30 of 2021
- Procedural Posture
- Environment and Land Case / Ruling on Notice of Motion for Contempt
- Outcome
- Application for contempt disposed of by consent; status quo orders maintained; parties to cease activities on suit land pending hearing.
- Judges
- GMA Ongondo
- Legal Topics
- Contempt of Court, Status Quo Orders, Interlocutory Injunctions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jared Aketch Oyier
Applicant
Margaret Abuna Ondiek (Sued as the legal representative of Sime Oyua and Okach Sime –Deceased)
Respondent
Beatrice Wangui Onyona
Interested Party
Procedural Posture
Environment and Land Case / Ruling on Notice of Motion for Contempt
Legal Issues
- 1 Whether the respondent and interested party are in contempt of the court order issued on 10th November 2021.
- 2 Whether the respondent and interested party should be committed to civil jail for contempt of court.
- 3 Whether the respondent and interested party should purge the alleged contempt by removing crops planted on the suit parcel.
Ratio Decidendi
The court, upon hearing counsel for all parties and noting their agreement, ordered that the respondent and interested party cease all activities on the suit land pending the hearing and determination of the main suit. The court further directed that the status quo orders previously issued remain in force. The application for contempt was thus disposed of by consent, with the substantive issues to be determined at trial. The court fixed the matter for pre-trial directions, emphasizing the need to maintain the integrity of its orders and preserve the subject matter of the dispute.
Court Disposition
Application for contempt disposed of by consent; status quo orders maintained; parties to cease activities on suit land pending hearing.
Orders
- The respondent and the interested party to cease activities on the suit land reference number Kanyanda/Kotieno/Katuma A/600 pending the hearing and determination of this suit.
- The status quo orders made on 10th November 2021 to remain in force.
Full Case Text
Judgment text and source record
22 paragraphs
Oyier v Ondiek (Sued as the legal representative of Sime Oyua and Okach Sime –Deceased); Onyona (Interested Party) (Environment & Land Case 30 of 2021) [2023] KEELC 938 (KLR) (15 February 2023) (Ruling)
Neutral citation: [2023] KEELC 938 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment & Land Case 30 of 2021
GMA Ongondo, J
February 15, 2023
Between
Jared Aketch Oyier
Applicant
and
Margaret Abuna Ondiek (Sued as the legal representative of Sime Oyua and Okach Sime –Deceased)
Respondent
and
Beatrice Wangui Onyona
Interested Party
Ruling
1. This court has heard Mr. Mandela Migele learned counsel for the applicant, L. Obwanda, learned counsel for interested party and Ms. P. Odhiambo holding brief for Mr. G.S Okoth, learned counsel for the respondent in respect of an application by way of a Notice of Motion dated 17th October 2022.
2. In the said application, the applicant is seeking the orders infra:a.That the respondent and the interested party to show cause why they should not be held in contempt of the court order issued on 10th November 2021. b.That the respondent and the interested party be committed to civil jail for six months for contempt of court.c.That the respondent and the interested party do purge the contempt of court by removing the nappier grass, the maize and sweet potatoes that they have planted on the suit parcel.d.That the costs of this application be borne by the Respondent and the interested party.
3. Learned counsel for the respective parties have agreed to have the application disposed of and the same is hereby determined thus:a.The respondent and the interested party to cease activities on the suit land reference number Kanyanda/Kotieno/Katuma A/600 pending the hearing and determination of this suit.b.The status quo orders made on 10th November 2021 to remain in force.c.The suit is fixed for pre-trial directions on 13th March 2023.
4. It is so ordered.
DATED AND DELIVERED AT HOMABAY THIS 15TH DAY OF FEBRUARY 2023G.M.A ONG’ONDOJUDGEPresentMr. Mandela Migele, learned counsel for the plaintiff/applicantMs. Odhiambo holding brief for G.S Okoth, learned counsel for the respondentMs L. Obwanda , learned counsel for the interested party.