[2023] KEELC 19265 (KLR)
The court, upon consent of the parties, found that the issues in Environment & Land Case 7 of 2022 and HomaBay ELCC No 19 of 2021 (OS) were substantially the same and that consolidation would promote efficient and just disposal of the matters. The court ordered that the pleadings and evidence in both suits be deemed...
Source-derived case information.
- Citation
- [2023] KEELC 19265 (KLR)
- Parties
- Applicant: Kennedy Ochieng Abich; Respondent: Joshua Okinyi Amula
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 7 of 2022
- Procedural Posture
- Environment and Land Case / Ruling on Consolidation and Directions Before Judgment
- Outcome
- Application for consolidation and related directions allowed by consent; orders issued as per ruling.
- Judges
- GMA Ongondo
- Legal Topics
- Consolidation of Suits, Limitation of Actions, Succession and Administration, Introduction of Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Kennedy Ochieng Abich
Applicant
Joshua Okinyi Amula
Respondent
Procedural Posture
Environment and Land Case / Ruling on Consolidation and Directions Before Judgment
Legal Issues
- 1 Whether the present suit should be consolidated with HomaBay ELCC No 19 of 2021 (OS).
- 2 Whether the pleadings and evidence in both suits should be deemed as evidence on record for final disposal.
- 3 Whether the plaintiff's grant of letters of administration should be admitted as part of the record.
Ratio Decidendi
The court, upon consent of the parties, found that the issues in Environment & Land Case 7 of 2022 and HomaBay ELCC No 19 of 2021 (OS) were substantially the same and that consolidation would promote efficient and just disposal of the matters. The court ordered that the pleadings and evidence in both suits be deemed as evidence on record, that the plaintiff in the related suit be joined as a second defendant, and that the grant of letters of administration be admitted as part of the record. The court further gave directions for the filing of a further affidavit and submissions, and set a date for judgment. These directions were made to streamline the proceedings, avoid duplication, and...
Court Disposition
Application for consolidation and related directions allowed by consent; orders issued as per ruling.
Orders
- This file is consolidated with HomaBay ELCC No 19 of 2021 (OS) and is the lead suit.
- Hellen Aoko Agoro, plaintiff in HomaBay ELCC OS No 19 of 2021, is deemed the 2nd defendant herein.
Full Case Text
Judgment text and source record
29 paragraphs
Abich v Amula (Sued as a legal representative of Amula Atudo (Deceased)) (Environment & Land Case 7 of 2022) [2023] KEELC 19265 (KLR) (17 April 2023) (Ruling)
Neutral citation: [2023] KEELC 19265 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment & Land Case 7 of 2022
GMA Ongondo, J
April 17, 2023
FORMERLY MIGORI ELC (O.S) NO. 36 OF 2020 IN THE MATTER OF LIMITATION OF ACTIONS ACT
Between
Kennedy Ochieng Abich
Applicant
and
Joshua Okinyi Amula
Respondent
Sued as a legal representative of Amula Atudo (Deceased)
Ruling
1. I have considered the application by Mr M. Migele, learned counsel for the plaintiff and Mr S. Nyauke, learned counsel for the defendant regarding this suit alongside HomaBay ELCC No 19 of 2021 (OS)
2. Therefore, by consent of the parties herein this file be consolidated with HomaBay ELCC No 19 of 2021(OS) and this be the lead suit.
3. Hellen Aoko Agoro, the plaintiff in HomaBay ELCC OS No 19 of 2021 be deemed the 2nd defendant herein.
4. The defendant be granted leave to file a further affidavit jointly introducing the pleading in HomaBay ELCC No 19 of 2021 as part of records in this suit.
5. The evidence so far adduced in HomaBay Environment and Land Court OS No 7 of 2022 (this suit) together with the pleadings in HomaBay ELC OS No 19 of 2021 be deemed as the evidence on record for purposes of final disposal of this matter.
6. The list of documents filed by the plaintiff in HomaBay Environment and Land case No 19 of 2021(OS) be introduced as exhibit in this suit for purposes of final disposal of this matter.
7. The plaintiff’s counsel and the defendants counsel duly filed and served herein.
8. The further affidavit envisioned in paragraph 4 hereinabove, be filed and served by close of business today.
9. The defendant’s submission dated November 18, 2020 filed and served submissions herein be considered as part of the defendant’s submissions.
10. The plaintiff’s grant of letters of administration obtained in Homa-Bay Chief Magistrate’s Court succession No E106 of 2021 be deemed to be part of the record herein.
11. Judgment on June 14, 2023.
It is so ordered.
DELIVERED, DATED AND SIGNED THIS 17TH DAY OF APRIL 2023. G.M.A ONG’ONDOJUDGE