Onunda & another v Odhiambo (Being a Legal Representative of the Estate of Joseph Odhiambo Rabita) [2023] KEELC 15988 (KLR)

Onunda & another v Odhiambo (Being a Legal Representative of the Estate of Joseph Odhiambo Rabita) (Environment and Land Appeal 19 of 2022) [2023] KEELC 15988 (KLR) (7 March 2023) (Ruling)

Neutral citation: [2023] KEELC 15988 (KLR)

Republic of Kenya

In the Environment and Land Court at Homa Bay

Environment and Land Appeal 19 of 2022

GMA Ongondo, J

March 7, 2023

Between

Jacob Olango Onunda

Appellant

and

James Oura Omboto

Applicant

and

Peter Opiyo Odhiambo (Being a Legal Representative of the Estate of Joseph Odhiambo Rabita)

Respondent

Ruling

1. The appellant’s Counsel, Aluoch Odera has prayed that this court to allow an application by way of ex-parte Notice of Motion dated February 21, 2023 to the effect that this appeal has abated against the first appellant.

2. By the nature of the application, I find the same merited.

3. Accordingly, this appeal is hereby marked as abated against the first appellant.

4. Ordered accordingly.

DELIVERED, DATED AND SIGNED THIS 7TH DAY OF MARCH 2023G.M.A ONGO’NDOJUDGEPRESENT1. Aluoch Odera, learned Counsel for the appellants.2. Respondent, in person.3. Fiona, court assistant.