[2004] KEHC 302 (KLR)
The court found that the application was fundamentally defective as it failed to specify the relevant statutory provision, was incomprehensible in its prayers, and sought relief against a non-party. Furthermore, since the main suit had already been dismissed, there was no live issue before the court. Accordingly,...
Source-derived case information.
- Citation
- [2004] KEHC 302 (KLR)
- Parties
- Plaintiff: Jonyo Ogalo Omiti; Plaintiff: Onyango Omiti; Plaintiff: Okoth Omiti; Plaintiff: Obonyo Omiti; Plaintiff: Ayoko Omiti; Defendant: Fleria Omande w/o Omiti (Deceased); Defendant: Jotham Ouma Omiti; Defendant: Eliakim Ogalo Omiti Repr.; Defendant: Ajwang w/o Omiti
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Civil Case 541 of 1993
- Procedural Posture
- Civil Case / Ruling on Application for Unspecified Relief Post Dismissal
- Outcome
- application dismissed
- Judges
- K Bauni
- Legal Topics
- Dismissal of Suit, Post Judgment Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Jonyo Ogalo Omiti
Plaintiff
Onyango Omiti
Plaintiff
Okoth Omiti
Plaintiff
Obonyo Omiti
Plaintiff
Ayoko Omiti
Plaintiff
Fleria Omande w/o Omiti (Deceased)
Defendant
Jotham Ouma Omiti
Defendant
Eliakim Ogalo Omiti Repr.
Defendant
Ajwang w/o Omiti
Defendant
Procedural Posture
Civil Case / Ruling on Application for Unspecified Relief Post Dismissal
Legal Issues
- 1 Whether the applicants' application dated 30/1/04 is competent and comprehensible.
- 2 Whether the application can be entertained after the suit was dismissed.
Ratio Decidendi
The court found that the application was fundamentally defective as it failed to specify the relevant statutory provision, was incomprehensible in its prayers, and sought relief against a non-party. Furthermore, since the main suit had already been dismissed, there was no live issue before the court. Accordingly, the application was dismissed for want of merit and clarity.
Court Disposition
application dismissed
Orders
- The application dated 30/1/04 is dismissed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA OF KISII
Civil Case 541 of 1993
1. JONYO OGALO OMITI
2. ONYANGO OMITI
3. OKOTH OMITI
4. OBONYO OMITI
5. AYOKO OMITI ................................................……..…………………………….. PLAINTIFFS
VERSUS
1. FLERIA OWANDE w/o OMITI (DECEASED)
2. JOTHAM OUMA OMITI
3. ELIAKIM OGALO OMITI REPR.
4. AJWANG w/o OMITI ……………...........................................................…… DEFENDANTS
RULING:
I have gone through the applicants’ application dated 30/1/04. it is stated to be under section 28 but does not indicate of which Act. The application itself does not make any sense. Ass. Chief Odero Omiti whom he wants to take responsibility is not a party to this suit. The suit itself was dismissed: One cannot therefore comprehend what the applicants’ prayer is. Application is therefore dismissed.
Dated at Kisii this 28th September 2004.
KABURU BAUNI
JUDGE