Oloo (Suing as the Administrator of the Estate of Michael Oloo Ogutu) v Ouma & 3 others [2023] KEELC 16804 (KLR)

Oloo (Suing as the Administrator of the Estate of Michael Oloo Ogutu) v Ouma & 3 others (Environment & Land Case 15 of 2021) [2023] KEELC 16804 (KLR) (13 April 2023) (Ruling)

Neutral citation: [2023] KEELC 16804 (KLR)

Republic of Kenya

In the Environment and Land Court at Siaya

Environment & Land Case 15 of 2021

AY Koross, J

April 13, 2023

Originally Kisumu 268 OF 2014 (O.S)

Between

Felix Oduor Oloo (Suing as the Administrator of the Estate of Michael Oloo Ogutu)

Plaintiff

and

Domtila Anyango Ouma

1st Defendant

Maurice Otieno Ouma

2nd Defendant

Joseph Owino Ouma

3rd Defendant

Ouma Okoth Peter

4th Defendant

Ruling

1. The application that had been reserved for ruling was the plaintiff’s notice of motion dated March 15, 2022 in which the plaintiff’s counsel, Mr Ashioya, sought for two substantive prayers; reinstatement of the dismissed suit and substitution of the deceased plaintiff Michael Oloo Ogutu (‘deceased’) with one Felix Oduor Oloo.

2. As this court was penning its ruling, it came to its attention that the motion was spent; this court had allowed it on 20/9/2022. In other words, there was no motion pending determination.

3. In the circumstances, I hereby issue the following orders–a.The matter shall proceed for hearing in open court on May 10, 2023. b.The plaintiff to personally serve the defendants with a hearing notice and file a return of service.

DELIVERED AND DATED AT SIAYA THIS 13THDAY OF APRIL 2023. HON. A. Y. KOROSSJUDGEApril 13, 2023Ruling delivered virtually through Microsoft Teams Video Conferencing Platform in the Presence of:N/A for the partiesCourt assistant: Ishmael Orwa