Simon v Adel (Environment & Land Case E006 of 2023) [2023] KEELC 20251 (KLR) (27 September 2023) (Ruling)

Summary at a glance

Facts

The plaintiff, Michael Ochoo Simon, alleges that the defendant, Salmon Kwanya Adel, issued an illegal eviction notice of seven days against him on May 11, 2023, for the suit land. The plaintiff claims that the notice does not comply with the Land Act, 2016. The plaintiff also mentions that he has not filed an appeal from Homa Bay ELC Appeal No. E005 of 2021.

Issues

• Whether the application lacks merit and is bad in law.
• Whether the application is a non-starter, mischievous, and meant to defeat the cause of justice.

Reasoning

The court grants interim preservation orders due to the sub judice and jurisdiction issues raised in the statement of defense, and the plaintiff's assertion of living on the suit land.

Outcome

The application is dismissed with costs.

Orders

• The parties shall maintain the status quo over the suit land and in particular, the notice of eviction (MOS-02) shall not be effected pending the hearing and determination of issues of law namely sub judice and jurisdiction of this court raised in the statement of defense.

Remedies

• Costs of this application to abide the cause.

Authorities cited