[2023] KEELC 17824 (KLR)
The court found that the matter had been resolved at the family level through alternative dispute resolution as encouraged by Article 159(2)(c) of the Constitution. The preliminary objection regarding the applicant's counsel being improperly on record was not pursued and was marked as abandoned. The orders...
Source-derived case information.
- Citation
- [2023] KEELC 17824 (KLR)
- Parties
- Applicant: Benson Otieno Adongo; Respondent: George Adha Adongo; Respondent: Philip Juma Ajijo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E013 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Preliminary Objection and Notice of Motion
- Outcome
- Application resolved; preliminary objection abandoned; previous orders vacated; costs to applicant.
- Judges
- GMA Ongondo
- Legal Topics
- Change of Advocate, Preliminary Objection, Alternative Dispute Resolution, Costs Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benson Otieno Adongo
Applicant
George Adha Adongo
Respondent
Philip Juma Ajijo
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Preliminary Objection and Notice of Motion
Legal Issues
- 1 Whether the applicant's counsel was properly on record in compliance with Order 9 Rules 9, 10 and 11 of the Civil Procedure Rules, 2010.
- 2 Whether the preliminary objection should be marked as abandoned.
- 3 Whether the orders issued on March 2, 2023 should be vacated due to lapse.
Ratio Decidendi
The court found that the matter had been resolved at the family level through alternative dispute resolution as encouraged by Article 159(2)(c) of the Constitution. The preliminary objection regarding the applicant's counsel being improperly on record was not pursued and was marked as abandoned. The orders previously issued on March 2, 2023 had lapsed and were vacated. The court exercised its discretion to order that the costs of the application be borne by the applicant, given the resolution of the matter outside the court process and the abandonment of the preliminary objection.
Court Disposition
Application resolved; preliminary objection abandoned; previous orders vacated; costs to applicant.
Orders
- The preliminary objection is marked as abandoned with no orders as to costs.
- Orders of March 2, 2023 are vacated as they have lapsed.
Full Case Text
Judgment text and source record
21 paragraphs
Adongo v Adongo & another (Miscellaneous Application E013 of 2022) [2023] KEELC 17824 (KLR) (7 June 2023) (Ruling)
Neutral citation: [2023] KEELC 17824 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Miscellaneous Application E013 of 2022
GMA Ongondo, J
June 7, 2023
Between
Benson Otieno Adongo
Applicant
and
George Adha Adongo
1st Respondent
Philip Juma Ajijo
2nd Respondent
Ruling
1. This ruling is in respect of the twinned matter;a.The respondent’s preliminary objection dated February 13, 2023 on a point of law that the applicant’s counsel is not properly on record for failure to comply with Order 9 Rules 9,10 and 11 of the Civil Procedure Rules, 2010. b.The applicant’s notice of Motion dated December 16, 2022 (the application) and the attendant orders.
2. Mr J. Osoro learned counsel has applied that:a.The preliminary objection be marked as abandoned with no orders as to costs.b.The orders of this court issued on March 2, 2023 in respect of the application have lapsed and be vacated.c.Orders of the application be borne by the applicant.
3. Ms Okello holding brief for Owaka learned counsel for the applicant informed the court that this matter has been resolved at family level in the spirit alternative justice system under article 159(2) (c) of the Constitution of Kenya, 2010. She confirmed that no appeal has been filed and no security has been deposited in court further to orders of March 2, 2023.
4. Having heard counsel for the respective parties and in view of the record herein, I order and direct thus:a.The preliminary objection is marked as obandoned with no orders as to costs.b.Orders of March 2, 2023 herein lapsed and are vacated accordingly.c.Costs of the application be borne by the applicant.
DELIVERED AND SIGNED AT HOMABAY THIS 7TH DAY OF JUNE 2023. G.M.A ONG’ONDOJUDGEPRESENT.1. Mr Osoro for both respondents.2. Ms. Okello holding brief for Owaka for applicant.3. Court Assistant, Okello.