[2023] KEELC 21180 (KLR)
The court found that since Jacob Dado Oyungu is deceased, it is proper for his legal representative, Rose Kasaya Ombeva, to be substituted in his place as a party to the suit. The court also determined that the Notice of Motion dated 12th October 2023 was incompetent and therefore struck it out. The decision was...
Source-derived case information.
- Citation
- [2023] KEELC 21180 (KLR)
- Parties
- Plaintiff: Patrick Lawrence Obwaka Lumumba; Defendant: Jacob Dado Oyungu; Applicant: Rose Kasaya Ombeva
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 768 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Substitution Application
- Outcome
- Application for substitution allowed; Notice of Motion struck out.
- Judges
- BN Olao
- Legal Topics
- Substitution of Parties, Death of Party, Competency of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Lawrence Obwaka Lumumba
Plaintiff
Jacob Dado Oyungu
Defendant
Rose Kasaya Ombeva
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Substitution Application
Legal Issues
- 1 Whether the applicant Rose Kasaya Ombeva should be substituted in place of her deceased husband Jacob Dado Oyungu as a party to the suit.
- 2 Whether the Notice of Motion dated 12th October 2023 is competent.
Ratio Decidendi
The court found that since Jacob Dado Oyungu is deceased, it is proper for his legal representative, Rose Kasaya Ombeva, to be substituted in his place as a party to the suit. The court also determined that the Notice of Motion dated 12th October 2023 was incompetent and therefore struck it out. The decision was guided by the need to ensure that the right parties are before the court and that the proceedings are conducted in accordance with the law and principles of justice.
Court Disposition
Application for substitution allowed; Notice of Motion struck out.
Orders
- The applicant Rose Kasaya Ombeva is substituted in place of her deceased husband Jacob Dado Oyungu.
- The Notice of Motion dated 12th October 2023 is struck out as incompetent.
Full Case Text
Judgment text and source record
19 paragraphs
Lumumba v Oyungu; Ombeva (Applicant) (Environment & Land Case 768 of 2018) [2023] KEELC 21180 (KLR) (1 November 2023) (Ruling)
Neutral citation: [2023] KEELC 21180 (KLR)
Republic of Kenya
In the Environment and Land Court at Busia
Environment & Land Case 768 of 2018
BN Olao, J
November 1, 2023
Between
Patrick Lawrence Obwaka Lumumba
Plaintiff
and
Jacob Dado Oyungu
Defendant
and
Rose Kasaya Ombeva
Applicant
Ruling
1. The Applicant herein Rose Kasaya Ombeva has approached this Court vide her ruling dated 12th November 2023. The same is premised under the provisions of Article 50 and 159(2) (d) of the Constitution as well as Sections 1, 1A, 3A and 3B of the Civil Procedure Act. It seeks the following substantive order:1. The Applicant be substituted with Jacob Dado Oyugi her deceased husband.2. Since it is Jacob Dado Oyugi who is deceased, it is the Applicant who can substitute him and not the other way round.3. The Notice of Motion dated 12th October 2023 is incompetent. It is hereby struck out with no orders as to costs.
BOAZ N. OLAOJUDGERULING DATED, SIGNED AND DELIVERED IN OPEN COURT ON THIS 1ST DAY OF NOVEMBER 2023.