Care Mission Kenya & 4 others v Atieno & another (t/a Deity ECD Primary School Busia & Emamanuel Children Home Busia (K)) [2023] KEELC 17898 (KLR)

Care Mission Kenya & 4 others v Atieno & another (t/a Deity ECD Primary School Busia & Emamanuel Children Home Busia (K)) (Environment & Land Case 18 of 2018) [2023] KEELC 17898 (KLR) (20 February 2023) (Order)

Neutral citation: [2023] KEELC 17898 (KLR)

Republic of Kenya

In the Environment and Land Court at Busia

Environment & Land Case 18 of 2018

BN Olao, J

February 20, 2023

Between

Care Mission Kenya

1st Plaintiff

Oddva Sten Linkas

2nd Plaintiff

Rita Wahlberg

3rd Plaintiff

Weche Ludvigsen

4th Plaintiff

Hakon Borgen

5th Plaintiff

and

Benta Akinyi Atieno

1st Defendant

Reverend Peter Ogola

2nd Defendant

t/a Deity ECD Primary School Busia & Emamanuel Children Home Busia (K)

Order

1. Upon this matter coming up before Hon B. N Olao, judge Environment and Land Court Busia on January 30, 2023, the judge was informed that what was pending was the notice of motion dated April 5, 2022. He therefore directed that the application be canvassed by way of written submissions to be filed by February 15, 2023. None of the parties filed any submissions and this court fixed the ruling date as March 6, 2023. However, in the course of drafting the ruling, the judge discovered that the application dated April 5, 2022 was dismissed by Hon T. Madowo Deputy Registrar on June 6, 2022 but was later reinstated on October 4, 2022. The matter must have been listed before him in error.

It Is Hereby Ordered: 2. That the matter be listed before Hon T. Madowo Deputy Registrar on March 6, 2023 for further directions. Mention notice issued be served by the court’s process server.

GIVEN UNDER MY HAND AND SEAL OF THIS HONOURABLE COURT AT BUSIA THIS 20TH DAY OF FEBRUARY 2023. BOAZ N. OLAOJUDGEISSUED AT BUSIA THIS 20THDAY OF FEBRUARY 2023DEPUTY REGISTRARENVIRONMENT AND LAND COURTBUSIA