[2022] KEELC 15622 (KLR)
The court found that there was no indication the notice of motion to strike out the originating summons was ever served on the applicants' counsel. Both parties were absent at the hearing, and no reasons were provided for their absence. In the interest of justice, and as previously noted in the court's proceedings,...
Source-derived case information.
- Citation
- [2022] KEELC 15622 (KLR)
- Parties
- Applicant: Francis Ogola Amoth; Applicant: Peter Osore; Applicant: Tomas Ochieng Abuto; Applicant: Moses Okongo Dinga (Suing as Legal Administrator of the Estate of Mary Aoko - Deceased); Respondent: Alloyce Odhiambo Dolu; Respondent: Isabela Dulo; Respondent: George Onono Dulo; Respondent: Michael Ouma Dulo; Respondent: Pius Okuku Dulo alias Joseph
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 16 of 2021
- Procedural Posture
- Environment and Land Case / Ruling on Notice of Motion to Strike Out Originating Summons
- Outcome
- notice of motion dismissed
- Judges
- GMA Ongondo
- Legal Topics
- Dismissal of Application, Service of Process, Striking Out Pleadings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Ogola Amoth
Applicant
Peter Osore
Applicant
Tomas Ochieng Abuto
Applicant
Moses Okongo Dinga (Suing as Legal Administrator of the Estate of Mary Aoko - Deceased)
Applicant
Alloyce Odhiambo Dolu
Respondent
Isabela Dulo
Respondent
George Onono Dulo
Respondent
Michael Ouma Dulo
Respondent
Pius Okuku Dulo alias Joseph
Respondent
Procedural Posture
Environment and Land Case / Ruling on Notice of Motion to Strike Out Originating Summons
Legal Issues
- 1 Whether the notice of motion to strike out the originating summons should be allowed in the absence of the parties.
- 2 Whether the notice of motion was properly served on the applicants.
Ratio Decidendi
The court found that there was no indication the notice of motion to strike out the originating summons was ever served on the applicants' counsel. Both parties were absent at the hearing, and no reasons were provided for their absence. In the interest of justice, and as previously noted in the court's proceedings, the court dismissed the notice of motion. The court emphasized the importance of service and participation by parties in the proceedings, and that applications cannot be determined without proper notification and opportunity to be heard.
Court Disposition
notice of motion dismissed
Orders
- The notice of motion dated June 19, 2022 is dismissed.
- Costs in the cause.
Full Case Text
Judgment text and source record
38 paragraphs
Amoth & 3 others v Dolu & 4 others (Environment & Land Case 16 of 2021) [2022] KEELC 15622 (KLR) (17 November 2022) (Ruling)
Neutral citation: [2022] KEELC 15622 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment & Land Case 16 of 2021
GMA Ongondo, J
November 17, 2022
Between
Francis Ogola Amoth
1st Applicant
Peter Osore
2nd Applicant
Tomas Ochieng Abuto
3rd Applicant
Moses Okongo Dinga (Suing as Legal Administrator of the Estate of Mary Aoko - Deceased)
4th Applicant
and
Alloyce Odhiambo Dolu
1st Respondent
Isabela Dulo
2nd Respondent
George Onono Dulo
3rd Respondent
Michael Ouma Dulo
4th Respondent
Pius Okuku Dulo alias Joseph
5th Respondent
(FORMERLY MIGORI ELC CASE NO 13 OF 2020)
Ruling
1. By a notice of motion dated June 19, 2022, the respondents through M/s Nyangacha and company Advocate are seeking that the originating summons dated February 10, 2020, be struck out with costs.
2. There is no indication that the notice of motion was ever served on the applicant’s counsel.
3. Besides, the notice of motion was fixed for hearing today further to the orders of this court made on October 25, 2022.
4. The parties were notified of the hearing of the notice of motion by the Deputy Registrar via email of November 11, 2022 at 10:20 a.m. GMT + 3.
5. The parties are absent. There is no reason for their absence.
6. In the interest of justice as even noted in this court’s proceedings of October 25, 2022, the notice of motion is hereby dismissed.
7. Costs in the cause.
8. The Deputy Registrar to notify the parties for directions on February 8, 2023.
DELIVERED, DATED AND SIGNED AT HOMA-BAY THIS 17TH DAY OF NOVEMBER, 2022. G.M.A ONG’ONDOJUDGEPresent:1. NNo appearance for both parties.2. Okello, Court Assistant