Karani & 2 others (All suing as personal representatives of the Estate of Karani Malongo Omolo) v Esakha & 27 others; Odhiambo (Interested Party) [2023] KEELC 18606 (KLR)

Karani & 2 others (All suing as personal representatives of the Estate of Karani Malongo Omolo) v Esakha & 27 others; Odhiambo (Interested Party) (Environment & Land Case 166 of 2017) [2023] KEELC 18606 (KLR) (6 July 2023) (Ruling)

Neutral citation: [2023] KEELC 18606 (KLR)

Republic of Kenya

In the Environment and Land Court at Busia

Environment & Land Case 166 of 2017

BN Olao, J

July 6, 2023

Between

Erneo Pamba Karani

1st Plaintiff

Stephen Oundo Barabara

2nd Plaintiff

Meshack Ouma Omollo

3rd Plaintiff

All suing as personal representatives of the Estate of Karani Malongo Omolo

and

Silifano Juma Esakha

1st Defendant

Peter Ndungu Mwangi

2nd Defendant

Joseph Mathenge Kinyori

3rd Defendant

Stephen Mwani

4th Defendant

Joseph Misiko Olubero

5th Defendant

Hellen Ajiambo Makanda

6th Defendant

Okubasu Nyongesa Moses

7th Defendant

Wycliffe Ambetsa Oparanya

8th Defendant

Josephat John Maende

9th Defendant

Robert Asibiko

10th Defendant

Lydia Matendechere

11th Defendant

Stephen Wilberforce Amanya Makokha

12th Defendant

Richard Odongo Makokha

13th Defendant

Robert Okochi Barasa

14th Defendant

Alex Lurongo Mwindalo

15th Defendant

Daniel Njoroge Wanyoike

16th Defendant

Kirathimo Self Help Group

17th Defendant

Masinde Ajuma Gabriel

18th Defendant

Alois Okello Pamba

19th Defendant

Valentine Cherono

20th Defendant

Makokha Eunice Amoding

21st Defendant

Wycliffe Wanga Obunde

22nd Defendant

Terry Achila Wotsembo

23rd Defendant

John Ojuk Ongwindi

24th Defendant

Zacharia Kwendo Otieno

25th Defendant

John Riavi Ndeda

26th Defendant

Valaria Makokha Wafula

27th Defendant

Samuel Ogola Orege

28th Defendant

and

Margaret Nelima Odhiambo

Interested Party

Ruling

1. This is in respect to the Notice of Motion dated March 13, 2023 in which the plaintiffs seek the following orders:1. That leave be granted to the plaintiffs to amend the plaint dated September 26, 2017 by substituting the name of Phaustine Ounoi Ochunga With Erneo Pamba Karani and file a further list of documents.2. That the amended plaint annexed hereto be deemed as duly filed upon being received by the Court.3. That costs of the application be provided for.

2. The application is predicated upon the provisions of Section 3A of the Civil Procedure Act and Orders 8 and 51 of the Civil Procedure Rules. It is also supported by the affidavit of Meshack Ouma Omollo the 3rd plaintiff herein.

3. The gist of the application is that the Grant of Letters of Administration issued to Phaustine Ounoi Ochunga, Stephen Oundo Barabara And Meshack Ouma Omollo On April 20, 2017 In Busia Cmc Succession Cause No 552 Of 2016 Has Since Been Amended And The Said Phaustine Ounoi Ochunga is no longer an Administrator to the Estate of the deceased Karani Malongo Omolo. The Grant of Letters of Administration having been amended, it is imperative that the plaint herein be amended.

4. Annexed to the application is the original Grant of Letters of Administration issued on April 20, 2017 and the amended Grant of Letters of Administration issued on September 28, 2020.

5. When the application came up on May 9, 2023, I was informed that it had been served upon all the parties herein. None of the defendants has filed any response to the application which is therefore not opposed.

6. In the circumstances, the Notice of Motion dated March 13, 2023 is hereby allowed in the following terms: 1. The plaint be amended as prayed.

2. The amended plaint be filed and served upon all the defendants within 10 days of this ruling.

3. The defendants, if they so wish shall be at liberty to file any amended defences and serve within 14 days upon service upon them of the amended plaint.

4. All the parties are also at liberty to file and serve any further lists of witnesses and documents if necessary.

5. Thereafter, pre-trial before the Deputy Registrar on August 1, 2023 who shall fix a hearing date.

6. No orders as to costs.

BOAZ N. OLAOJUDGE6THJULY 2023RULING DATED, SIGNED AND DELIVERED ON THIS 6THDAY OF JULY 2023 BY WAY OF ELECTRONIC MAIL.BOAZ N. OLAOJUDGE6THJULY 2023