[2023] KEELC 174 (KLR)
The court found that the applicant complied with its order of December 19, 2022, by filing the intended appeal within the seven-day period granted. The respondent's counsel confirmed the filing of the appeal, and the court independently verified that the appeal was lodged on December 20, 2022. As the order had been...
Source-derived case information.
- Citation
- [2023] KEELC 174 (KLR)
- Parties
- Applicant: Richard Ong’Ou Gomba; Respondent: John Odhiambo Owuor
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application 12 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Compliance With Prior Orders Regarding Filing of Appeal
- Outcome
- application determined; no orders as to costs
- Judges
- GMA Ongondo
- Legal Topics
- Extension of Time to Appeal, Compliance With Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Ong’Ou Gomba
Applicant
John Odhiambo Owuor
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Compliance With Prior Orders Regarding Filing of Appeal
Legal Issues
- 1 Whether the applicant complied with the court's order to file the intended appeal within the stipulated time period.
- 2 Whether any further orders or costs should be issued following compliance.
Ratio Decidendi
The court found that the applicant complied with its order of December 19, 2022, by filing the intended appeal within the seven-day period granted. The respondent's counsel confirmed the filing of the appeal, and the court independently verified that the appeal was lodged on December 20, 2022. As the order had been complied with, there was no basis for further orders or for awarding costs. The application was therefore determined with no orders as to costs.
Court Disposition
application determined; no orders as to costs
Orders
- The application is determined with no orders as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
Gomba v Owuor (Environment and Land Miscellaneous Application 12 of 2022) [2023] KEELC 174 (KLR) (25 January 2023) (Ruling)
Neutral citation: [2023] KEELC 174 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment and Land Miscellaneous Application 12 of 2022
GMA Ongondo, J
January 25, 2023
Between
Richard Ong’Ou Gomba
Applicant
and
John Odhiambo Owuor
Respondent
Ruling
1. On December 19, 2022, the applicant, Richard Ong’ou Gomba was granted seven (7) days from that date to file the intended appeal pursuant to his application by way of a notice of appeal dated October 13, 2022 and duly lodged October 14, 2012 through M/s Gogi and associates Advocates.
2. Today, Ms Ochieng Anyango learned counsel instructed by M/s Kisoka and Advocates for the respondent has informed this court thus:“The appellant has filed Homa-Bay, ELC Appeal No 62 of 2022. ”
3. This court has confirmed that the said appeal was lodged on 20th December 2022. Thus, the orders of December 19, 2022 have been complied with.
4. Accordingly, the application is determined with no orders as to costs.
5. It is so ordered.
DELIVERED, DATED AND SIGNED AT HOMA-BAY THIS 25TH DAY OF JANUARY 2023. G.M.A ONG’ONDOJUDGE****PresentMs. Ochieng Anyango holding brief for Kisaka learned counsel for the respondent.PARA 2. Terence, Court Assistant.1HOMA-BAY MISC APPLICATION NO 12 OF 2022-RULING