Case ID:185865

Solomon Omolo Ochuodho v Moses Odhiambo Achacha [2021] eKLR

Case Metadata

Case Number:

Environment and Land Appeal 1 of 2021

Parties:

Solomon Omolo Ochuodho v Moses Odhiambo Achacha

Date Delivered:

10 Nov 2021

Case Class:

Civil

Court:

Environment and Land Court at Homa Bay

Case Action:

Ruling

Judge(s):

George Martin Atunga Ong'ondo

Citation:

Solomon Omolo Ochuodho v Moses Odhiambo Achacha [2021] eKLR

Advocates:

Mr. Bisembe holding brief for Ngala Awino learned counsel for appellant.

Mr. G.S Okoth learned counsel for respondent

Case History:

(Being an appeal from the Ruling of the Principal Magistrate’s court at Oyugis delivered on 25/8/2021 in Oyugis PMC NO. 14 of 2020-Hon. B.O Omwansa)

Court Division:

Environment and Land

County:

Homa Bay

Advocates:

Mr. Bisembe holding brief for Ngala Awino learned counsel for appellant.

Mr. G.S Okoth learned counsel for respondent

History Docket No:

PMC 14 of 2020

History Magistrate:

Hon. B.O Omwansa

History Advocates:

Both Parties Represented

History County:

Homa Bay

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 AND LAND COURT AT HOMABAY

ELC APPEAL CASE NO. 01 OF 2021

SOLOMON OMOLO OCHUODHO.......................APPELLANT

VERSUS

MOSES ODHIAMBO ACHACHA.......................RESPONDENT

(Being an appeal from the Ruling of the Principal Magistrate’s court at

Oyugis delivered on 25/8/2021 in OYUGIS PMC NO. 14 OF 2020-HON. B.O OMWANSA)

RULING

1. By a Notice of Motion dated

3

rd

September 2021

, mounted

under order 42 rule 6 of the Civil Procedure Rules, Order 51 of the Civil Procedure Rules 2010.

(The application), one Solomon Omolo Ochuodho, the appellant/applicant through M/S. Ngala Awino and Company Advocates, has sought the orders infra:

a) Spent

b) Spent

c)

THAT

this Honourable Court be pleased to grant an order of stay of execution of the Ruling delivered on

25

th

August, 2021

and all consequential orders arising therefrom pending the hearing and determination of the appeal.

d)

THAT

the costs of the application be provided for.

2. The application is anchored on the applicant’s 12–paragraphed supporting affidavit sworn of even date and grounds, 1 to 7 set out on its face and the annexed memo of appeal of even date. The applicant complains, inter alia;

“

THAT

the appeal raises weighty and triable issues for determination and has high chances of success.”

3. Mr. G.S Okoth the learned Counsel for the respondent Moses Odhiambo Achacha, filed grounds of opposition dated

25

th

October, 2021

to the application. Today, counsel told the court that there is no intention on the part of the respondent to execute the trial court’s ruling delivered on

25

th

August, 2021

. That status quo thereof be maintained.

4. Mr. Bisembe holding brief for Mr. Ngala Awino learned Counsel for the appellant, has affirmed the position by the respondent’s counsel.

5. Upon hearing counsel for the respective parties herein and pursuant to

section 13(7)(a) of the Environment and Land Court Act,2015(2011), the court of Appeal decision in

the case of

Butt versus Rent Restriction Tribunal (1979) eKLR as well as

, the case of

Ogada

versus

Mollin (2009) KLR 620, alongside Practice Direction No 32 of the Environment and Land Court Practice Directions, 2014,

I hereby order thus:

a) Order No. 3 sought therein as stated in paragraph

1(c) herein above

is allowed accordingly.

b) The appellant’s counsel to file and serve the record of appeal within 30 days from this date.

c) The Deputy Registrar of this court to call for the original record and certified copies of proceedings and ruling from the trial court urgently.

d) The appeal is fixed for further orders and directions on 2

nd

February, 2022.

e) It is so ordered.

G.M.A ONG’ONDO

JUDGE

RULING DELIVERED, SIGNED AND DATED AT THE ENVIRONMENT AND LAND COURT AT HOMA-BAY ON THIS 10

TH

DAY OF NOVEMBER, 2021.

In the presence of:

1. Mr. Bisembe holding brief for Ngala Awino learned counsel for appellant.

2. Mr. G.S Okoth learned counsel for respondent

3. Court Assistant: Okello.

G.M.A ONG’ONDO

JUDGE