Malaba Court Issues Interim Orders to Have Owner Back in Land Untill the Case is Heard and Determined
A Malaba court on Thursday issued interim orders to have retired civil servant James Ekwenye back to his contested land in Rwatama Teso North Sub county until the case is heard and determined.
Giving the interim orders , Principal Magistrate Ocharo Momanyi said that the temporary orders of injuction be and hereby granted restraining the defendants/respondents by themselves, their servants, agents and /or any other persons claiming through them from entering or retaining in any way dealing with the plaintiff’s quiet possession.
The interim.were served to the applicant Mr James Edikoro Ekwenye, four defendants Patrick Mamai, Beatrice Mamai, Dennis Mamai, Boniface Imwene, and the Officer Commanding Amagoro Police station to supervise the implementation of these orders.
Mr Ocharo told the defendants to abide by the orders, noting that they will be liable to contempt of court and may be sentenced to serve a jail sentence of 14 days or to pay a fine or both.
Ekwenye’s lawyer, Kevin Peter Shiku, who is based in Bungoma welcomed the ruling of the case that had gone six times without being heard urging the police to give his client protection as he ventures to develop it.
Mr Shiku of Mikiso and Company Advocates welcomed the ruling, saying he is now seeing the will of justice, telling the complainants to obay, by the interm court orders.
Shiku also urged the defendants to stop interfering with his clients 1.70 HA piece of land until the case is heard and determined after both parties have submitted their pre-trial direction.
The complainant bought the land in 2000 from Mzee Patrick Mamai,but the deceased sons bought goons to chase him out of the land, thus making him incur heavy losses as he could not access it.
Mr.Ekwenye said the interim orders were a big relief, noting that justice has been arrived at.
” I will follow the matter within the confines of the law,” he said and thanked the Magistrate for his professionalism in his ruling.
Mr. Ekwenye said it’s too unfortunate that he has continued enduring untold suffering since September 2023 when his crops were allegedly harvested by the perpetrators of this heinous act
“Worse still, the crops that were not harvested were overun by weeds to confirm the magnitude of the matter and thanked the Principal Magistrate for the bold ruling.
He denied a statement by one of the seller’s sons that he leased the land with a monthly payment of Ksh2000 or sometimes Ksh4000, terming it a figment of his imagination.
Photo: Advocate Kevin Peter Shikhu in Amagoro on Thursday flanked by his client James Ekwenye (left) and Joseph Omasete (centre).
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