[2023] KEELC 18606 (KLR)
The court found that the plaintiffs had demonstrated sufficient cause for the amendment of the plaint, as the Grant of Letters of Administration had been amended and Phaustine Ounoi Ochunga was no longer an administrator. Since the application was not opposed and the amendment was necessary to reflect the proper...
Source-derived case information.
- Citation
- [2023] KEELC 18606 (KLR)
- Parties
- Plaintiff: Erneo Pamba Karani; Plaintiff: Stephen Oundo Barabara; Plaintiff: Meshack Ouma Omollo; Defendant: Silifano Juma Esakha; Defendant: Peter Ndungu Mwangi; Defendant: Joseph Mathenge Kinyori; Defendant: Stephen Mwani; Defendant: Joseph Misiko Olubero; Defendant: Hellen Ajiambo Makanda; Defendant: Okubasu Nyongesa Moses; Defendant: Wycliffe Ambetsa Oparanya; Defendant: Josephat John Maende; Defendant: Robert Asibiko; Defendant: Lydia Matendechere; Defendant: Stephen Wilberforce Amanya Makokha; Defendant: Richard Odongo Makokha; Defendant: Robert Okochi Barasa; Defendant: Alex Lurongo Mwindalo; Defendant: Daniel Njoroge Wanyoike; Defendant: Kirathimo Self Help Group; Defendant: Masinde Ajuma Gabriel; Defendant: Alois Okello Pamba; Defendant: Valentine Cherono; Defendant: Makokha Eunice Amoding; Defendant: Wycliffe Wanga Obunde; Defendant: Terry Achila Wotsembo; Defendant: John Ojuk Ongwindi; Defendant: Zacharia Kwendo Otieno; Defendant: John Riavi Ndeda; Defendant: Valaria Makokha Wafula; Defendant: Samuel Ogola Orege; Interested Party: Margaret Nelima Odhiambo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 166 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Amend Plaint
- Outcome
- application allowed
- Judges
- BN Olao
- Legal Topics
- Amendment of Pleadings, Letters of Administration, Personal Representatives, Estate Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erneo Pamba Karani
Plaintiff
Stephen Oundo Barabara
Plaintiff
Meshack Ouma Omollo
Plaintiff
Silifano Juma Esakha
Defendant
Peter Ndungu Mwangi
Defendant
Joseph Mathenge Kinyori
Defendant
Stephen Mwani
Defendant
Joseph Misiko Olubero
Defendant
Hellen Ajiambo Makanda
Defendant
Okubasu Nyongesa Moses
Defendant
Wycliffe Ambetsa Oparanya
Defendant
Josephat John Maende
Defendant
Robert Asibiko
Defendant
Lydia Matendechere
Defendant
Stephen Wilberforce Amanya Makokha
Defendant
Richard Odongo Makokha
Defendant
Robert Okochi Barasa
Defendant
Alex Lurongo Mwindalo
Defendant
Daniel Njoroge Wanyoike
Defendant
Kirathimo Self Help Group
Defendant
Masinde Ajuma Gabriel
Defendant
Alois Okello Pamba
Defendant
Valentine Cherono
Defendant
Makokha Eunice Amoding
Defendant
Wycliffe Wanga Obunde
Defendant
Terry Achila Wotsembo
Defendant
John Ojuk Ongwindi
Defendant
Zacharia Kwendo Otieno
Defendant
John Riavi Ndeda
Defendant
Valaria Makokha Wafula
Defendant
Samuel Ogola Orege
Defendant
Margaret Nelima Odhiambo
Interested Party
Procedural Posture
Miscellaneous Application / Ruling on Application to Amend Plaint
Legal Issues
- 1 Whether the plaintiffs should be granted leave to amend the plaint to substitute the name of Phaustine Ounoi Ochunga with Erneo Pamba Karani as a personal representative of the estate of Karani Malongo Omolo.
- 2 Whether the amended plaint should be deemed as duly filed upon receipt by the court.
- 3 Whether the parties should be allowed to file further lists of documents and witnesses.
Ratio Decidendi
The court found that the plaintiffs had demonstrated sufficient cause for the amendment of the plaint, as the Grant of Letters of Administration had been amended and Phaustine Ounoi Ochunga was no longer an administrator. Since the application was not opposed and the amendment was necessary to reflect the proper parties before the court, the court exercised its discretion to allow the amendment. The court further directed that the amended plaint be filed and served within 10 days, and that the defendants be at liberty to file amended defences within 14 days of service. All parties were also given liberty to file and serve further lists of witnesses and documents if necessary. No order as...
Court Disposition
application allowed
Orders
- The plaint be amended as prayed.
- The amended plaint be filed and served upon all the defendants within 10 days of this ruling.
Full Case Text
Judgment text and source record
88 paragraphs
Karani & 2 others (All suing as personal representatives of the Estate of Karani Malongo Omolo) v Esakha & 27 others; Odhiambo (Interested Party) (Environment & Land Case 166 of 2017) [2023] KEELC 18606 (KLR) (6 July 2023) (Ruling)
Neutral citation: [2023] KEELC 18606 (KLR)
Republic of Kenya
In the Environment and Land Court at Busia
Environment & Land Case 166 of 2017
BN Olao, J
July 6, 2023
Between
Erneo Pamba Karani
1st Plaintiff
Stephen Oundo Barabara
2nd Plaintiff
Meshack Ouma Omollo
3rd Plaintiff
All suing as personal representatives of the Estate of Karani Malongo Omolo
and
Silifano Juma Esakha
1st Defendant
Peter Ndungu Mwangi
2nd Defendant
Joseph Mathenge Kinyori
3rd Defendant
Stephen Mwani
4th Defendant
Joseph Misiko Olubero
5th Defendant
Hellen Ajiambo Makanda
6th Defendant
Okubasu Nyongesa Moses
7th Defendant
Wycliffe Ambetsa Oparanya
8th Defendant
Josephat John Maende
9th Defendant
Robert Asibiko
10th Defendant
Lydia Matendechere
11th Defendant
Stephen Wilberforce Amanya Makokha
12th Defendant
Richard Odongo Makokha
13th Defendant
Robert Okochi Barasa
14th Defendant
Alex Lurongo Mwindalo
15th Defendant
Daniel Njoroge Wanyoike
16th Defendant
Kirathimo Self Help Group
17th Defendant
Masinde Ajuma Gabriel
18th Defendant
Alois Okello Pamba
19th Defendant
Valentine Cherono
20th Defendant
Makokha Eunice Amoding
21st Defendant
Wycliffe Wanga Obunde
22nd Defendant
Terry Achila Wotsembo
23rd Defendant
John Ojuk Ongwindi
24th Defendant
Zacharia Kwendo Otieno
25th Defendant
John Riavi Ndeda
26th Defendant
Valaria Makokha Wafula
27th Defendant
Samuel Ogola Orege
28th Defendant
and
Margaret Nelima Odhiambo
Interested Party
Ruling
1. This is in respect to the Notice of Motion dated March 13, 2023 in which the plaintiffs seek the following orders:1. That leave be granted to the plaintiffs to amend the plaint dated September 26, 2017 by substituting the name of Phaustine Ounoi Ochunga With Erneo Pamba Karani and file a further list of documents.2. That the amended plaint annexed hereto be deemed as duly filed upon being received by the Court.3. That costs of the application be provided for.
2. The application is predicated upon the provisions of Section 3A of the Civil Procedure Act and Orders 8 and 51 of the Civil Procedure Rules. It is also supported by the affidavit of Meshack Ouma Omollo the 3rd plaintiff herein.
3. The gist of the application is that the Grant of Letters of Administration issued to Phaustine Ounoi Ochunga, Stephen Oundo Barabara And Meshack Ouma Omollo On April 20, 2017 In Busia Cmc Succession Cause No 552 Of 2016 Has Since Been Amended And The Said Phaustine Ounoi Ochunga is no longer an Administrator to the Estate of the deceased Karani Malongo Omolo. The Grant of Letters of Administration having been amended, it is imperative that the plaint herein be amended.
4. Annexed to the application is the original Grant of Letters of Administration issued on April 20, 2017 and the amended Grant of Letters of Administration issued on September 28, 2020.
5. When the application came up on May 9, 2023, I was informed that it had been served upon all the parties herein. None of the defendants has filed any response to the application which is therefore not opposed.
6. In the circumstances, the Notice of Motion dated March 13, 2023 is hereby allowed in the following terms: 1. The plaint be amended as prayed.
2. The amended plaint be filed and served upon all the defendants within 10 days of this ruling.
3. The defendants, if they so wish shall be at liberty to file any amended defences and serve within 14 days upon service upon them of the amended plaint.
4. All the parties are also at liberty to file and serve any further lists of witnesses and documents if necessary.
5. Thereafter, pre-trial before the Deputy Registrar on August 1, 2023 who shall fix a hearing date.
6. No orders as to costs.
BOAZ N. OLAOJUDGE6THJULY 2023RULING DATED, SIGNED AND DELIVERED ON THIS 6THDAY OF JULY 2023 BY WAY OF ELECTRONIC MAIL.BOAZ N. OLAOJUDGE6THJULY 2023