Odede & 3 others v Arunga & 3 others [2023] KEELC 21449 (KLR) | Joinder Of Parties | Esheria

Odede & 3 others v Arunga & 3 others [2023] KEELC 21449 (KLR)

Full Case Text

Odede & 3 others v Arunga & 3 others (Constitutional Petition 12 of 2021) [2023] KEELC 21449 (KLR) (18 October 2023) (Ruling)

Neutral citation: [2023] KEELC 21449 (KLR)

Republic of Kenya

In the Environment and Land Court at Homa Bay

Constitutional Petition 12 of 2021

GMA Ongondo, J

October 18, 2023

Between

Isaac Maurice Kibuye Musa Odede

1st Petitioner

Beatrice Atieno Ochieng

2nd Petitioner

Isaiah Agwenge Odera

3rd Petitioner

and

Lilian Achieng Odiwuor

Applicant

and

Robert Arunga

1st Respondent

George Kidenda

2nd Respondent

The Lands Registrar Rachuonyo District

3rd Respondent

The Honourable Attorney General

4th Respondent

Ruling

1. This ruling is in regard to an application by way of Notice of Motion dated 13th April 2023 and filed on by the applicant, Lillian Achieng Odiwuor through O.P Ngoge and Associates Advocates. She is seeking the following orders:a.That Lilian Achieng Odiwuor be enjoined in this matter as the 1st Petitioner in place of Isaac Maurice Kibuye Odede (Deceased).b.That the Costs of this Application be in the Cause.

2. The application is premised upon the applicant’s supporting affidavit of four paragraphs sworn on even date and the annexed copy of grant “LAO1” as well as the ground set out on the face of the application. The applicant states that the 1st Petitioner is deceased. That she be allowed to join this suit in lieu of the deceased.

3. There is no response to the application.

4. Ms Agade instructed by the firm of Odondi Awino and Company Advocates for the 1st and 2nd respondents, has no objection to the application.

5. So, Mr. O.P Ngoge learned counsel for the applicant has implored this court to grant the orders sought in the application.

6. In the premises, I find the application cogent, steadfast and merited.

7. The upshot is that the application is hereby allowed in terms of order 1 sought therein and as stated in paragraph 1(a) hereinabove.

8. Costs of the application be in the cause.

9. It so ordered.

DELIVERED, DATED AND SIGNED AT HOMABAY THIS 18TH DAY OCTOBER, 2023. G.M.A ONG’ONDOJUDGEPRESENT.1. Mr. O.P Ngoge learned counsel for the applicant.2. Ms Agade instructed by Odondi Awino for the 1st and 2nd respondents.3. Court Assistants, Luanga and Mutiva.