Case ID:166395

Paul Opuko Ongurambe & 40 others v National Land Commission & another [2020] eKLR

Case Metadata

Case Number:

Environment and Land Case 66 of 2020

Parties:

Paul Opuko Ongurambe & 40 others v National Land Commission & another

Date Delivered:

12 Nov 2020

Case Class:

Civil

Court:

Environment and Land Court at Kitale

Case Action:

Ruling

Judge(s):

Francis Mwangi Njoroge

Citation:

Paul Opuko Ongurambe & 40 others v National Land Commission & another [2020] eKLR

Court Division:

Environment and Land

County:

Trans Nzoia

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE ENVIRONMENT & LAND COURT

AT KITALE

ELC CASE NO. 66 OF 2020

PAUL OPUKO ONGURAMBE AND 40 OTHERS....................................................APPLICANTS

VERSUS

NATIONAL LAND COMMISSION AND ANOTHER........................................RESPONDENTS

RULING

1. The applicants filed an application dated

29/10/2020

seeking an order that the

status quo

concerning the suit land be maintained by prohibiting the respondents from continuing with compulsory acquisition of land measuring 108.6 acres for construction and upgrading of the Kitale –Endebess –Suam road (C45) and/or from in any other way interfering with the plaintiff’s interests in their respective lands and/or businesses.

2. The respondents never filed any reply to the application despite service upon them which was supported by the affidavit of service of Archibald Wekesa Nyukuri filed in court on

5

th

November 2020

.

3. The application is therefore unopposed. On

6/11/2020

when the application came up before this court for hearing Mr Teti for the applicants prayed that it be granted as prayed and this court granted a temporary order in terms of

prayer no (2)

thereof and reserved the matter for a ruling on

12/11/2020

.

4. As the application is unopposed, I hereby grant it but only to the extent that during the construction of all that infrastructure referred to as the Kitale–Endebess – Suam road (C45), the respondents shall not in any manner interfere with the plaintiff’s interests in their respective lands and /or businesses located thereon pending the hearing and determination of the suit.

5. The parties shall comply with the rules and file their bundles of documents and lists and this matter shall be mentioned on the

2

nd

December 2020

for confirmation of such compliance and for fixing a hearing date.

Dated, signed

and

delivered

at

Kitale

via electronic mail

on this

12

th

day of

November,

2020.

MWANGI NJOROGE

JUDGE, ELC, KITALE