Environment and Land Appeal E007 of 2022

Case Metadata
Case Number:	Environment and Land Appeal E007 of 2022
Parties:	Ong’ondo v Ongus
Date Delivered:	13 Mar 2023
Case Class:
Court:	Environment and Land Court at Homa Bay
Case Action:	Ruling
Judge(s):	George Martin Atunga Ong'ondo
Citation:	Ong’ondo v Ongus (Environment and Land Appeal E007 of 2022) [2023] KEELC 16090 (KLR) (13 March 2023) (Ruling)
Advocates:	S. Nyauke for Appellant
Court Division:	Environment and Land
County:	Homa Bay
Advocates:	S. Nyauke for Appellant
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

Case Metadata

Case Number:

Parties:

Ong’ondo v Ongus

Date Delivered:

13 Mar 2023

Case Class:

Court:

Environment and Land Court at Homa Bay

Case Action:

Ruling

Judge(s):

George Martin Atunga Ong'ondo

Citation:

Ong’ondo v Ongus (Environment and Land Appeal E007 of 2022) [2023] KEELC 16090 (KLR) (13 March 2023) (Ruling)

Advocates:

S. Nyauke for Appellant

Court Division:

Environment and Land

County:

Homa Bay

Advocates:

S. Nyauke for Appellant

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

Ong’ondo v Ongus (Environment and Land Appeal E007 of 2022) [2023] KEELC 16090 (KLR) (13 March 2023) (Ruling)

Neutral citation: [2023] KEELC 16090 (KLR)

Republic of Kenya

In the Environment and Land Court at Homa Bay

Environment and Land Appeal E007 of 2022

GMA Ongondo, J

March 13, 2023

Between

Erick Odhiambo Ong’ondo

Appellant

and

Aloice Obongo Ongus

Respondent

(Being an Appeal from the entire Ruling of Hon. J.S Wesonga delivered on 17th September, 2021 in Homa-Bay)

Ruling

1.The present ruling is rendered at this stage of the instant appeal before delivery of final judgment (see Blacks Law Dictionary 10^th Edition at page 971 ) for reasons stated infra.

2.The appeal was precipitated by the trial court’s ruling delivered in Homa Bay Chief Magistrate’s Court Civil Case No 44 of 2020 (OS) that affected Homa Bay Chief Magistrate’s Court Civil case number 55 of 2019.

3.The original records of the said two suits are yet to be availed herein for this court to reach a just decision.

4.On February 15, 2023, the court directed the appellant’s counsel to serve the respondent’s counsel. However, the same has not been has not been affected.

5.To meet the ends of justice in this matter, I order and direct thus;a.The Deputy Registrar of this court to call for the original records and or three certified typed copies of proceedings and determination, if any, in Homa Bay Chief Magistrate’s Court Civil Case No 55 of 2019 with due dispatch.b.Judgment is set for March 22, 2023.c.The appellant’s counsel to serve the respondent’s counsel accordingly.

6.It is so ordered.

DELIVERED, DATED AND SIGNED AT HOMABAY THIS 13^TH DAY OF MARCH 2023G.M.A ONG’ONDOJUDGE1. S. Nyauke, learned counsel for the appellant2. Mutiva F, Court Assistant.