Oombo & another v Onyango (administrator of the Estate of John Onyango Amach) [2023] KEELC 17906 (KLR)

Oombo & another v Onyango (administrator of the Estate of John Onyango Amach) (Environment and Land Appeal E027 of 2022) [2023] KEELC 17906 (KLR) (6 June 2023) (Ruling)

Neutral citation: [2023] KEELC 17906 (KLR)

Republic of Kenya

In the Environment and Land Court at Homa Bay

Environment and Land Appeal E027 of 2022

GMA Ongondo, J

June 6, 2023

Between

Ronald Odongo Oombo

1st Appellant

Alex Ombeng Okello

2nd Appellant

and

Peres Atieno Onyango

Respondent

administrator of the Estate of John Onyango Amach

Ruling

1. Mr Nyauke, learned counsel for the applicant/defendant is seeking 14 days to file and serve amended notice of motion to show the correct numbers of court files they intend to produce as new evidence as sought in the notice of motion dated November 23, 2022.

2. The respondent has no objection to the application.

3. Upon hearing counsel for the applicant and the respondent in person and in the interest of justice, I order and direct thus:a.The applicant’s counsel to file and serve amended notice of motion within the next 14 days from this date.b.The respondent to file and serve response to the notice of motion within 14 days from the date of service of the notice of motion. She may file and serve submissions thereon within the same period.c.The notice of motion fixed for further directions on July 25, 2023.

DELIVERED, DATED AND SIGNED AT HOMABAY THIS 6TH DAY OF JUNE 2023. G.M.A ONG’ONDOJUDGEPRESENT.Mr. Nyauke learned counsel for Applicants/Appellants.Respondent – Present in person.Appellant/Applicant, present.Court Assistants, Luanga and Okello.