[2023] KEELC 17898 (KLR)
The court determined that the application dated April 5, 2022, having been dismissed and later reinstated, was erroneously listed before the presiding judge instead of the Deputy Registrar who had previously handled the matter. In the absence of submissions from either party and in the interest of proper case...
Source-derived case information.
- Citation
- [2023] KEELC 17898 (KLR)
- Parties
- Plaintiff: Care Mission Kenya; Plaintiff: Oddva Sten Linkas; Plaintiff: Rita Wahlberg; Plaintiff: Weche Ludvigsen; Plaintiff: Hakon Borgen; Defendant: Benta Akinyi Atieno; Defendant: Reverend Peter Ogola
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 18 of 2018
- Procedural Posture
- Environment and Land Case / Order on Listing for Directions After Reinstatement of Application
- Outcome
- Matter relisted before Deputy Registrar for further directions.
- Judges
- BN Olao
- Legal Topics
- Case Management, Reinstatement of Application, Court Directions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Care Mission Kenya
Plaintiff
Oddva Sten Linkas
Plaintiff
Rita Wahlberg
Plaintiff
Weche Ludvigsen
Plaintiff
Hakon Borgen
Plaintiff
Benta Akinyi Atieno
Defendant
Reverend Peter Ogola
Defendant
Procedural Posture
Environment and Land Case / Order on Listing for Directions After Reinstatement of Application
Legal Issues
- 1 Whether the application dated April 5, 2022 was properly before the judge after reinstatement.
- 2 What directions should be given regarding the hearing of the reinstated application.
Ratio Decidendi
The court determined that the application dated April 5, 2022, having been dismissed and later reinstated, was erroneously listed before the presiding judge instead of the Deputy Registrar who had previously handled the matter. In the absence of submissions from either party and in the interest of proper case management, the court ordered that the matter be relisted before Hon T. Madowo, Deputy Registrar, for further directions. This ensures that the application is dealt with by the appropriate judicial officer and that procedural regularity is maintained.
Court Disposition
Matter relisted before Deputy Registrar for further directions.
Orders
- The matter be listed before Hon T. Madowo Deputy Registrar on March 6, 2023 for further directions.
- Mention notice to be served by the court’s process server.
Full Case Text
Judgment text and source record
28 paragraphs
Care Mission Kenya & 4 others v Atieno & another (t/a Deity ECD Primary School Busia & Emamanuel Children Home Busia (K)) (Environment & Land Case 18 of 2018) [2023] KEELC 17898 (KLR) (20 February 2023) (Order)
Neutral citation: [2023] KEELC 17898 (KLR)
Republic of Kenya
In the Environment and Land Court at Busia
Environment & Land Case 18 of 2018
BN Olao, J
February 20, 2023
Between
Care Mission Kenya
1st Plaintiff
Oddva Sten Linkas
2nd Plaintiff
Rita Wahlberg
3rd Plaintiff
Weche Ludvigsen
4th Plaintiff
Hakon Borgen
5th Plaintiff
and
Benta Akinyi Atieno
1st Defendant
Reverend Peter Ogola
2nd Defendant
t/a Deity ECD Primary School Busia & Emamanuel Children Home Busia (K)
Order
1. Upon this matter coming up before Hon B. N Olao, judge Environment and Land Court Busia on January 30, 2023, the judge was informed that what was pending was the notice of motion dated April 5, 2022. He therefore directed that the application be canvassed by way of written submissions to be filed by February 15, 2023. None of the parties filed any submissions and this court fixed the ruling date as March 6, 2023. However, in the course of drafting the ruling, the judge discovered that the application dated April 5, 2022 was dismissed by Hon T. Madowo Deputy Registrar on June 6, 2022 but was later reinstated on October 4, 2022. The matter must have been listed before him in error.
It Is Hereby Ordered: 2. That the matter be listed before Hon T. Madowo Deputy Registrar on March 6, 2023 for further directions. Mention notice issued be served by the court’s process server.
GIVEN UNDER MY HAND AND SEAL OF THIS HONOURABLE COURT AT BUSIA THIS 20TH DAY OF FEBRUARY 2023. BOAZ N. OLAOJUDGEISSUED AT BUSIA THIS 20THDAY OF FEBRUARY 2023DEPUTY REGISTRARENVIRONMENT AND LAND COURTBUSIA