[2017] KEELC 3851 (KLR)
The court found that the application for substitution was properly served and unopposed. The relevant provisions of the Civil Procedure Act and Rules empower the court to allow substitution of parties where necessary for the determination of the real matter in dispute. Since there was no opposition and the...
Source-derived case information.
- Citation
- [2017] KEELC 3851 (KLR)
- Parties
- Plaintiff: Joshua Jaoko Oketch; Defendant: Erastus Opiyo Otieno
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 525 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Substitution Application
- Outcome
- application allowed
- Judges
- GMA Ongondo
- Legal Topics
- Party Substitution, Amendment of Pleadings, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joshua Jaoko Oketch
Plaintiff
Erastus Opiyo Otieno
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Substitution Application
Legal Issues
- 1 Whether the defendant should be substituted with Gad Omondi Opiyo under the relevant provisions of the Civil Procedure Act and Rules.
- 2 Whether costs of the application should be in the cause.
Ratio Decidendi
The court found that the application for substitution was properly served and unopposed. The relevant provisions of the Civil Procedure Act and Rules empower the court to allow substitution of parties where necessary for the determination of the real matter in dispute. Since there was no opposition and the application was procedurally sound, the court allowed the substitution of the defendant and ordered that costs be in the cause. The defendant's counsel was directed to file an amended defence and serve within 30 days.
Court Disposition
application allowed
Orders
- The Notice of Motion dated 27/3/17 is allowed.
- Costs of the application to be in the cause.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MIGORI
ENVIRONMENT AND LAND COURT
ELC CASE NO. 525 OF 2017
(Formerly KISII ELC NO. 303 OF 2010)
JOSHUA JAOKO OKETCH……............................................PLAINTIFF
-versus-
ERASTUS OPIYO OTIENO………………………………DEFENDANT
RULING
1. Notice of Motion dated 27/3/2017 is for hearing today. It is brought under Section 1A 1B 3A 63(E) of the Civil Procedure Act, Order 1 Rule 10, Order 24 Rule 1 of the Civil Procedure Rules 2010.
2. The Applicant seeks substitution of the defendant, JOSHUA JAOKO OKETCH with GAD OMONDI OPIYO. He also seeks the cost of the application be in the cause.
3. The Plaintiff was duly served as per affidavit of service sworn on 9/11/2011. There is no response to the Notice of Motion by plaintiff/applicant.
4. I accordingly allow the Notice of Motion dated 27/3/17 costs be in the cause.
5. The Defendants counsel to file an amended defence and serve within 30 days from the date hereof.
6. Mention on 15/2/2018 for directions.
DELIVERED, DATEDand SIGNEDat MIGORI this 9th day of November 2017.
G. ONGONDO
JUDGE
In presence of :-
Mr. Nyambati for the Defendant
Tom Maurice – Court Assistant.