Otieno (Suing as administrator of the Estate of the Late Meshack Otieno Ariya - Deceased) v Yoya; Onyango (Applicant) (Suing as the administrator of the Estate of Walter Onyango - Deceased) [2024] KEELC 168 (KLR) | Substitution Of Parties | Esheria

Otieno (Suing as administrator of the Estate of the Late Meshack Otieno Ariya - Deceased) v Yoya; Onyango (Applicant) (Suing as the administrator of the Estate of Walter Onyango - Deceased) [2024] KEELC 168 (KLR)

Full Case Text

Otieno (Suing as administrator of the Estate of the Late Meshack Otieno Ariya - Deceased) v Yoya; Onyango (Applicant) (Suing as the administrator of the Estate of Walter Onyango - Deceased) (Environment & Land Case 29 of 2021) [2024] KEELC 168 (KLR) (22 January 2024) (Ruling)

Neutral citation: [2024] KEELC 168 (KLR)

Republic of Kenya

In the Environment and Land Court at Homa Bay

Environment & Land Case 29 of 2021

GMA Ongondo, J

January 22, 2024

Between

Meshack Tambo Otieno

Plaintiff

Suing as administrator of the Estate of the Late Meshack Otieno Ariya - Deceased

and

Walter Onyango Yoya

Defendant

and

Erick George Omondi Onyango

Applicant

Suing as the administrator of the Estate of Walter Onyango - Deceased

Ruling

1. By a Notice of Motion dated 14th November 2023, the applicant through M/S Ochwangi & Company Advocates has sought the orders infra;a.The Honourable court be pleased to grant leave and/or liberty to the applicant herein to be substituted as the defendant herein in lieu of Walter Onyango Yoya (now deceased)b.Consequent to prayer (20 herein above being granted, the applicant be deemed as the defendant, suing for and on behalf of the estate of the deceased person herein.c.Costs of the application do abide the cause.

2. Ms. Nyaenya instructed by Mr. Ochwangi learned counsel for the respondent has informed the court that the application is unopposed. Thus, she has implored the court to allow the same.

3. Ms Aluoch Odera learned counsel for the plaintiff/respondent has no objection to the application.

4. In circumstances, I find the application unopposed and merited.

5. A fortiori, the application is allowed in terms of orders (a) (b) and (c) as stated in paragraph 1 therein-above.

6. Cost of the application be in the cause.

7. It is so ordered.

DELIVERED, DATED AND SIGNED AT HOMA BAY THIS 22ND JANUARY 2024G. M.A ONGONDOJUDGEPRESENT1. Ms. Aluoch Odera, learned counsel for the plaintiff2. Ms. Nyaenya instructed by Mr. Ochwangi, learned counsel for the applicant3. Luanga, Court Assistant