Awino v Langa [2024] KEELC 5931 (KLR)

Awino v Langa (Environment and Land Appeal 15 of 2022) [2024] KEELC 5931 (KLR) (18 September 2024) (Ruling)

Neutral citation: [2024] KEELC 5931 (KLR)

Republic of Kenya

In the Environment and Land Court at Homa Bay

Environment and Land Appeal 15 of 2022

GMA Ongondo, J

September 18, 2024

Between

Richard Ooko Awino

Respondent

and

Lucia Akumu Langa

Applicant

Ruling

1. This ruling is respect of an application by way of Notice of Motion dated 3rd July 2024 by the defendant/applicant through L.K Obwanda and Company Advocates for orders:a.That the firm of L.K Obwanda Advocate be granted leave to come on record as advocates for the Applicant/plaintiff who was acting in person.b.That costs of this Application be provided for.

2. In a nutshell, the applicant stated that initially, he was acting in person and he has appointed L.K Obwanda and Company Advocates to act for him herein. That judgment was delivered in this matter on 22nd March 2023. That no prejudice shall be occasioned to any parties if the application is allowed.

3. Clearly, the application was duly served as revealed in an affidavit of service sworn on 8th August 2024 by learned counsel, Obwanda Linah.

4. The application is unopposed.

5. Having considered the entire application, I find that, the applicant is entitled to be represented by a professional advisor herein. In Butt v Rent Restriction Tribunal [1979] eKLR, the Court of Appeal observed that:“Litigants and their professional advisors are the best judge of their own affair”.

6. In the circumstances, the principal order sought in the application is merited.

7. Accordingly, the application is hereby allowed in terms of prayer No. (1) sought therein and as stated in paragraph 1(a) hereinabove.

8. It is so ordered.

RULING DELIVERED, DATED AND SIGNED THIS 18TH DAY OF SEPTEMBER 2024. G.M.A ONG’ONDOJUDGEa. L.K Obwanda learned Counsel for applicant/respondent.b. Respondent.c. T. Luanga, Court Assistant.