Ogarao (Suing as the Legal Representative of the Estate of Ogaro Ombagi) v Onyancha & 10 others [2025] KEELC 4108 (KLR) | Substitution Of Parties | Esheria

Ogarao (Suing as the Legal Representative of the Estate of Ogaro Ombagi) v Onyancha & 10 others [2025] KEELC 4108 (KLR)

Full Case Text

Ogarao (Suing as the Legal Representative of the Estate of Ogaro Ombagi) v Onyancha & 10 others (Environment & Land Case E004 of 2023) [2025] KEELC 4108 (KLR) (29 May 2025) (Ruling)

Neutral citation: [2025] KEELC 4108 (KLR)

Republic of Kenya

In the Environment and Land Court at Kisii

Environment & Land Case E004 of 2023

M Sila, J

May 29, 2025

Between

Gibson Ombagi Ogarao

Plaintiff

Suing as the Legal Representative of the Estate of Ogaro Ombagi

and

Joshua Mosoti Onyancha

1st Defendant

Eznah Kwamboka Meroka

2nd Defendant

Huron Nyakenyanya Siringi

3rd Defendant

Julius Birundu Mokaya

4th Defendant

James Mikuro Mageto

5th Defendant

Jackson Osano Ogaro

6th Defendant

Orori Ondengi

7th Defendant

Charles Abira Abira

8th Defendant

The County Land Registrar, Kisii

9th Defendant

The County Land Surveyor , Kisii

10th Defendant

The Hon Attorney General

11th Defendant

Ruling

1. The application before me is that dated 11 March 2025. It is an application seeking to substitute the 7th defendant, one Orori Ondengi, who is said to be deceased.

2. The application has been filed by Jairus Omwoyo Orori and Nathan Orori Ondeng’I who aver that they have been appointed as the Legal Representatives of the deceased 7th defendant.

3. The supporting affidavit is sworn by Jairus Omwoyo Orori. He has averred that he is one of the sons of the deceased 7th defendant. He deposes that the 7th defendant died on 13 May 2024 and he has annexed the Certificate of Death. He has also annexed a Grant of Letters of Administration ad litem issued in Kisii Chief Magistrates’ Court Succession Cause No. E008 of 2025. The same was issued on 10 February 2025 to the two applicants.

4. None of the other parties have opposed the application and I see no reason not to allow it.

5. The application is hereby allowed. The two applicants Jairus Omwoyo Orori and Nathan Orori Ondeng’i hereby substitute the deceased 7th defendant and may continue the suit on behalf of his estate.

6. There will be no orders as to the costs of this application.

7. Orders accordingly.

DATED AND DELIVERED THIS 29 DAY OF MAY 2025JUSTICE MUNYAO SILAJUDGE, ENVIRONMENT AND LAND COURTAT KISII