Mwok & another (Suing as executors and administrators of the Estate of Paul Naboth Mwok-Handa - Deceased) v Arum Also known as Hallington [2024] KEELC 535 (KLR)

Mwok & another (Suing as executors and administrators of the Estate of Paul Naboth Mwok-Handa - Deceased) v Arum Also known as Hallington (Enviromental and Land Originating Summons 2 of 2023) [2024] KEELC 535 (KLR) (8 February 2024) (Ruling)

Neutral citation: [2024] KEELC 535 (KLR)

Republic of Kenya

In the Environment and Land Court at Siaya

Enviromental and Land Originating Summons 2 of 2023

AY Koross, J

February 8, 2024

Between

Joyce Atieno Mwok

1st Applicant

Catherine Grace Aloo

2nd Applicant

Suing as executors and administrators of the Estate of Paul Naboth Mwok-Handa - Deceased

and

Hillington Arum Also Known As Hallington

Respondent

Ruling

1. After directing parties to canvass the notice of motion dated 7/7/2023 by written submissions, this court now finds itself in the unfortunate position in which it has to deliver a ruling on further directions instead of a substantive ruling.

2. The turn of events has been occasioned by several reasons and most importantly, there appears to be a notice of motion dated 8/07/2023 that apparently should be the subject for determination and not the one dated 7/07/2023. The subsisting interim orders that were issued by my brother Okongo J in Kisumu ELCOS E001/2023 before the original file was eventually transferred to this court is in respect of the notice of motion dated 8/07/2023.

3. From the court record, this particular notice of motion is missing and the only document in the court record dated 8/07/2023 is the amended originating summons (OS).

4. It is not lost to this court that the respondent filed a replying affidavit deposed on 26/09/2023 in respect of this amended OS and not on the notice of motion. Similarly, the bulk of his submissions dated 4/10/2023 are on this amended OS and it is probable that the respondent is not privy of the motion dated 8/07/2023.

5. In the circumstances and bearing in mind that this court has to carry out substantive justice in rendering its decision, I find that it is imperative that the applicants’ counsel do address this court on the notices of motion dated 7/7/2023 and 8/7/2023. Mention on 12/02/2024 for further directions.It is so ordered.

DELIVERED AND DATED AT SIAYA THIS 8TH DAY OF FEBRUARY 2024. HON. A. Y. KOROSSJUDGE08/2/2024Ruling delivered virtually through Microsoft Teams Video Conferencing Platform in the Presence of:Mr. Akech for the applicantsN/A for the respondentCourt assistant: Ishmael Orwa