Onunda & another v Rabita; Rabita (Substitute) [2023] KEELC 891 (KLR)

Onunda & another v Rabita; Rabita (Substitute) (Environment and Land Appeal 19 of 2022) [2023] KEELC 891 (KLR) (18 January 2023) (Ruling)

Neutral citation: [2023] KEELC 891 (KLR)

Republic of Kenya

In the Environment and Land Court at Homa Bay

Environment and Land Appeal 19 of 2022

GMA Ongondo, J

January 18, 2023

Between

Jacob Olango Onunda

1st Appellant

James Oura Ombuto

2nd Appellant

and

Joseph Odhiambo Rabita

Respondent

and

Russalia Rabita

Substitute

Ruling

1. Upon hearing counsel for respective parties in respect of Notice of Motion dated July 16, 2022, prayers 4 and 5 for transfer of this matter and substitution of the respondent respectively therein, are marked as abandoned.

2. Prayers 2 of the Notice of Motion for extension of time, is allowed accordingly in order to meet the ends of justice pursuant to section 3 of the Environment and Land Court Act (2015), (2011) and sections 3 and 3A of the Civil Procedure Act Chapter 21 Laws of Kenya; see also Nicholas Kiptoo Korir Salat v IEBC and 7 others (2017) eKLR.

3. The Appellant’s counsel is hereby given 14 days from this date to file and serve an application for substitution of the respondent since prayer 2 of the Notice of Motion has been allowed.

4. Mention on February 21, 2023.

DATED AND DELIVERED AT HOMABAY THIS 18TH DAY OF JANUARY 2023. G.M.A ONG’ONDOJUDGEIn the presence of:1. M. Odera, learned counsel for plaintiff.2. Ms Ochieng, holding brief for G.S Okoth learned counsel for the respondent.3. Okello, Court Assistant.