[2017] KEELC 589 (KLR)
The court found that the Notice of Motion dated 2/10/2017 was improperly on the court record. Exercising its inherent powers, the court ordered that the application be expunged from the record. The court further directed that there would be no order as to costs regarding the expunged application and set a new...
Source-derived case information.
- Citation
- [2017] KEELC 589 (KLR)
- Parties
- Applicant: David Odhiambo Okendo; Respondent: Simon Otieno Ogola (suing through Margaret Adhiambo Ogola, holder of power of attorney)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 215 of 2017
- Procedural Posture
- Notice of Motion / Ruling on Preliminary Application
- Outcome
- Notice of Motion dated 2/10/2017 expunged from the record; no order as to costs; suit adjourned for hearing.
- Judges
- GMA Ongondo
- Legal Topics
- Notice of Motion Procedure, Expungement of Documents, Court Record Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Odhiambo Okendo
Applicant
Simon Otieno Ogola (suing through Margaret Adhiambo Ogola, holder of power of attorney)
Respondent
Procedural Posture
Notice of Motion / Ruling on Preliminary Application
Legal Issues
- 1 Whether the Notice of Motion dated 2/10/2017 was properly before the court.
- 2 Whether the Notice of Motion should be expunged from the court record.
Ratio Decidendi
The court found that the Notice of Motion dated 2/10/2017 was improperly on the court record. Exercising its inherent powers, the court ordered that the application be expunged from the record. The court further directed that there would be no order as to costs regarding the expunged application and set a new hearing date for the main suit, allowing parties to file additional documents within 30 days.
Court Disposition
Notice of Motion dated 2/10/2017 expunged from the record; no order as to costs; suit adjourned for hearing.
Orders
- The Notice of Motion dated 2/10/2017 is expunged from the court record.
- No order as to costs on the expunged Notice of Motion.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
ENVIRONMENT AND LAND COURT AT MIGORI
ELC CASE NO. 215 OF 2017
(FORMERLY KISII ELC CASE NO. 226 OF 2016)
DAVID ODHIAMBO OKENDO.....................................APPLICANT
VERSUS
SIMON OTIENO OGOLASuing through
MARGARET ADHIAMBO OGOLA….…………......RESPONDENT
Holder of power of Attorney
RULING
1. The Notice of Motion dated 2/10/2017 by T.T. Ng’an’ga counsel for applicant is for hearing. The plaintiff/respondent intends to reply to it.
2. The Defendant/Applicant also intends to act in person.
3. I direct as hereunder:-
a) The Notice of Motion dated 2/10/2017 is improper on court record and it is hereby expunged from the record.
b) No order as to costs on the Notice of Motion so expunged
c) In view of the fate of Notice of Motion dated 2/10/2017, hearing of the suit put off to 01/3/2018.
d) Parties may file further or additional documents and serve within 30 days from the date hereof.
DELIVERED, SIGNED and DATED in open court at MIGORI this 6th day of December 2017.
G. M. A. ONGONDO
JUDGE
In the presence of;
Mr. Mureri counsel for the Plaintiff
Defendant/Applicant in person
Josephine Lori -Court assistant