[2023] KEELC 21758 (KLR)
The court found that the application for leave to amend the originating summons was unopposed, firm, and meritorious, having considered the supporting affidavit and annexed documents. In the absence of any response from the respondent, and upon review of the grounds and materials presented, the court exercised its...
Source-derived case information.
- Citation
- [2023] KEELC 21758 (KLR)
- Parties
- Applicant: Monika Adoyo Abok (Suing as the Legal Representative of Joseph Ochieng Odote); Respondent: Ogeta Nyakinda alias Charles Ogeta Nyakina
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Enviromental and Land Originating Summons E001 of 2023
- Procedural Posture
- Environment and Land Originating Summons / Ruling on Application for Leave to Amend Originating Summons
- Outcome
- Application allowed as prayed in orders 1 and 2; costs in the cause.
- Judges
- GMA Ongondo
- Legal Topics
- Amendment of Pleadings, Leave of Court, Originating Summons Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Monika Adoyo Abok (Suing as the Legal Representative of Joseph Ochieng Odote)
Applicant
Ogeta Nyakinda alias Charles Ogeta Nyakina
Respondent
Procedural Posture
Environment and Land Originating Summons / Ruling on Application for Leave to Amend Originating Summons
Legal Issues
- 1 Whether the applicant should be granted leave to amend the originating summons as per the draft annexed.
- 2 Whether the amended originating summons should be deemed duly filed and served.
- 3 Who should bear the costs of the application.
Ratio Decidendi
The court found that the application for leave to amend the originating summons was unopposed, firm, and meritorious, having considered the supporting affidavit and annexed documents. In the absence of any response from the respondent, and upon review of the grounds and materials presented, the court exercised its discretion to allow the application as prayed in orders 1 and 2, permitting the amendment of the originating summons and deeming the amended summons duly filed and served. Costs were ordered to be in the cause.
Court Disposition
Application allowed as prayed in orders 1 and 2; costs in the cause.
Orders
- Leave granted to the applicant to amend the originating summons as per the draft annexed.
- The amended originating summons is deemed to have been duly filed and served.
Full Case Text
Judgment text and source record
22 paragraphs
Abok (Suing as the Legal Representative of Joseph Ochieng Odote) v Nyakina (Enviromental and Land Originating Summons E001 of 2023) [2023] KEELC 21758 (KLR) (27 November 2023) (Ruling)
Neutral citation: [2023] KEELC 21758 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Enviromental and Land Originating Summons E001 of 2023
GMA Ongondo, J
November 27, 2023
Between
Monika Adoyo Abok (Suing as the Legal Representative of Joseph Ochieng Odote)
Applicant
and
Ogeta Nyakinda alias Charles Ogeta Nyakina
Respondent
Ruling
1. By a Notice of Motion application dated 12th October 2023, the applicant through L.K Obwanda Advocates has sought thus:a.That this Honourable Court do grant leave to the Applicant to amend the originating Summons as disclosed in the draft annexed amended originating summons marked ‘MAA-6’ herein.b.That the amended originating summons be deemed to have been duly filed and served.c.That the cost of this application be provided for.
2. Ms. S. Adoyo instructed by L.K Obwanda Advocates has informed the court that:“there is no response to the Notice of Motion dated 12th October 2023. May it be allowed as prayed”.
3. Indeed, there is no response to the application herein.
4. Taking into account the entire application based on the applicant’s supporting affidavit together with the annexed documents alongside the grounds on it’s face, the same is unopposed, firm and meritorious.
5. Accordingly, the application is hereby allowed in terms of orders 1 and 2 sought therein as stated in paragraph 1(a) and (b) hereinabove.
6. Costs of the application be in the cause.
7. It is so ordered.
DATED, DELIVERED AND SIGNED AT HOMABAY THIS 27TH DAY OF NOVEMBER 2023. G.M.A ONG’ONDOJUDGE.PRESENT.1. S. Adoyo instructed by L.K Obwanda Advocates for the applicant.2. Mutiva, Court Assistant.