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Were v Mbori (Suing as the legal representative of the Estate of the Late Isaac Mbori Oyugi) (Environment and Land Appeal E008 of 2022) [2023] KEELC 157 (KLR) (18 January 2023) (Ruling)
Neutral citation:
[2023] KEELC 157 (KLR)
Republic of Kenya
Environment and Land Appeal E008 of 2022
GMA Ongondo, J
January 18, 2023
Between
Joseph Ochilo Were
Appellant
and
Edward Oganga Mbori (Suing as the legal representative of the Estate of the Late Isaac Mbori Oyugi)
Respondent
Ruling
1.Ms Ochieng Anyango holding brief for Kisaka learned counsel for the respondent has informed the court that record of appeal has not been filed and served herein.
2.The Counsel has further informed the court that the applicant intends to dispose of the suit land herein. She has sought interim preservation of it.
3.In view of sections 3 and 13 (7) (a) of the Environment and Land Court Act, 2015 [2011] and sections 3 and 3A of the Civil Procedure Act Cap 21 Laws of Kenya and being guided by the Court of Appeal decision in Ogada v Mollin [2009] eKLR , I order and direct that:a.The Parties to comply with Order of Stay of execution of Judgment, granted on 19/12/2022.b.The Parties shall not sell, alienate, charge, transfer, subdivide or erect permanent structures on the suit land. LR No. Central Kasipul/Kanuma/1875 in order to preserve the same pending further orders and directions of this court.
4.The appellant’s Counsel to file and serve record of appeal in its complete form within 21 days from this date in default the appeal be dismissed in the spirit of Article 159 (2)(b) of the Constitution of Kenya, 2010 and section 3 of the Environment and Land Court Act of 2015 (2011).
5.The appeal is fixed for further directions on 23/2/2023.
6.The respondent’s Counsel to serve these orders forthwith.
DELIVERED, DATED AND SIGNED AT HOMA-BAY THIS 18TH DAY OF JANUARY 2023.G.M.A ONG’ONDOJUDGEPresent1. Ms. Ochieng Anyango holding brief for Kisaka for the Respondent.2. Terence, Court Assistant
