David Odhiambo Okendo v Simon Otieno Ogola Suing through Margaret Adhiambo Ogola Holder of power of Attorney [2017] KEELC 589 (KLR) | Notice Of Motion Procedure | Esheria

David Odhiambo Okendo v Simon Otieno Ogola Suing through Margaret Adhiambo Ogola Holder of power of Attorney [2017] KEELC 589 (KLR)

Full Case Text

REPUBLIC OF KENYA

ENVIRONMENT AND LAND COURT AT MIGORI

ELC CASE NO. 215 OF 2017

(FORMERLY KISII ELC CASE NO. 226  OF 2016)

DAVID ODHIAMBO OKENDO.....................................APPLICANT

VERSUS

SIMON OTIENO OGOLASuing through

MARGARET ADHIAMBO OGOLA….…………......RESPONDENT

Holder of power of Attorney

RULING

1. The Notice of Motion dated 2/10/2017 by T.T. Ng’an’ga counsel for applicant is for hearing.  The plaintiff/respondent intends to reply to it.

2. The Defendant/Applicant also intends to act in person.

3.  I direct as hereunder:-

a) The Notice of Motion dated 2/10/2017 is improper on court record and it is hereby expunged from the record.

b) No order as to costs on the Notice of Motion so expunged

c) In view of the fate of Notice of Motion dated 2/10/2017, hearing of the suit put off to 01/3/2018.

d) Parties may file further or additional documents and serve within 30 days from the date hereof.

DELIVERED, SIGNED and DATED in open court at MIGORI this 6th day of December 2017.

G. M. A. ONGONDO

JUDGE

In the presence of;

Mr. Mureri  counsel for the Plaintiff

Defendant/Applicant in person

Josephine Lori -Court assistant