Yoya v Ochieng & 2 others [2023] KEELC 20749 (KLR)

Yoya v Ochieng & 2 others (Environment & Land Case 46 of 2021) [2023] KEELC 20749 (KLR) (2 October 2023) (Ruling)

Neutral citation: [2023] KEELC 20749 (KLR)

Republic of Kenya

In the Environment and Land Court at Homa Bay

Environment & Land Case 46 of 2021

GMA Ongondo, J

October 2, 2023

(FORMERLY MIGORI ELC NUMBER 03 OF 2019)

Between

David Oginga Yoya

Plaintiff

and

Ishmael Odhiambo Ochieng

1st Defendant

Kennedy Otieno Odhiambo

2nd Defendant

Seventh Day Adventist Church (East Africa) Limited

3rd Defendant

Ruling

1. I have duly considered the entire application by the plaintiff’s counsel Ms Oriche for an adjournment to enable the plaintiff file and serve documents and the objections raised thereto by the 1st, and 2nd defendants’ counsel, Mr Bana and the 3rd defendant in person that there are no compelling reasons thereof, among others.

2. It is paramount to note thus:a.The applicant’s counsel did not seek leave to file and serve documents intended to be filed and served in this case.b.Pleadings closed long time ago, by July 2019 herein.c.Last adjournment was allowed herein on July 24, 2023. d.This is an old matter crying for hearing and determination.e.The defendants are ready for hearing of this suit.f.The plaintiff has other witnesses to testify today in this case.

3. So, to meet the ends of justice pursuant to article 159 (2) (b) of the Constitution of Kenya 2010 and section 3 of the Environment and Land Court Act, 2015, I find the plaintiff’s application unmeritorious.

4. In the result the application is hereby disallowed.

5. It is so ordered.

DATED AND DELIVERED AT HOMA BAY THIS 2ND DAY OF OCTOBER 2023. G.M.A ONG’ONDOJUDGE