[2024] KEELC 5565 (KLR)
The court found that the application for substitution and amendment was meritorious, as the proposed applicant had produced a limited grant of letters of administration and there was no opposition from the respondents. The court emphasized that the ends of justice require that the proper parties be before the court...
Source-derived case information.
- Citation
- [2024] KEELC 5565 (KLR)
- Parties
- Applicant: John Okello Ngong; Proposed Applicant: Joyce Auma Ogola (Suing as the Legal Representative of the Estate of John Okello Ngong - Deceased); Respondent: Adhiambo Mwalo (Being Sued as the Legal Representative of the Estate of Mariko Mwalo Odero - Deceased); Respondent: Erick Odhiambo Abang’a
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E002 of 2023
- Procedural Posture
- Environment and Land Case / Ruling on Substitution and Amendment Application
- Outcome
- application allowed
- Judges
- GMA Ongondo
- Legal Topics
- Substitution of Parties, Amendment of Pleadings, Letters of Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Okello Ngong
Applicant
Joyce Auma Ogola (Suing as the Legal Representative of the Estate of John Okello Ngong - Deceased)
Proposed Applicant
Adhiambo Mwalo (Being Sued as the Legal Representative of the Estate of Mariko Mwalo Odero - Deceased)
Respondent
Erick Odhiambo Abang’a
Respondent
Procedural Posture
Environment and Land Case / Ruling on Substitution and Amendment Application
Legal Issues
- 1 Whether the proposed applicant should be substituted as the applicant in place of the deceased.
- 2 Whether leave should be granted to amend the originating summons accordingly.
- 3 Whether costs should be in the cause.
Ratio Decidendi
The court found that the application for substitution and amendment was meritorious, as the proposed applicant had produced a limited grant of letters of administration and there was no opposition from the respondents. The court emphasized that the ends of justice require that the proper parties be before the court and that pleadings reflect the current status of the parties. Accordingly, the court allowed the substitution of the applicant, granted leave to amend the originating summons, and ordered that costs be in the cause. The court also set timelines for filing and serving the amended summons and for replies, ensuring procedural fairness and expeditious disposal of the matter.
Court Disposition
application allowed
Orders
- The proposed applicant is substituted as the applicant in place of the deceased.
- Leave is granted to amend the originating summons.
Full Case Text
Judgment text and source record
28 paragraphs
Ngong & another v Mwalo (Being Sued as the Legal Representative of the Estate of Mariko Mwalo Odero - Deceased) & another (Environment & Land Case E002 of 2023) [2024] KEELC 5565 (KLR) (23 July 2024) (Ruling)
Neutral citation: [2024] KEELC 5565 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment & Land Case E002 of 2023
GMA Ongondo, J
July 23, 2024
Between
John Okello Ngong
Applicant
and
Joyce Auma Ogola (Suing as the Legal Representative of the Estate of John Okello Ngong - Deceased)
Proposed Applicant
and
Adhiambo Mwalo (Being Sued as the Legal Representative of the Estate of Mariko Mwalo Odero - Deceased)
1st Respondent
Erick Odhiambo Abang’a
2nd Respondent
Ruling
1. By a Notice of Motion application dated 11th June 2024, the firm of H Obach & Partners Advocates for the proposed applicant is seeking orders that the said applicant to substitute the applicant, leave to amend the originating summons in consonance with the aforesaid application and costs be in the cause.
2. The application duly served, has not been responded to date.
3. So, Ms B Ochieng learned counsel instructed by H. Obach and Partners Advocates, has urged the court to allow the application.
4. Having considered the entire application inclusive of the affidavit in support of it and a Limited grant of letters of Administration (HO-1) annexed to the affidavit coupled with the ends of justice which is the ultimate goal of this court, I find the application meritorious.
5. In the result, the application is allowed in terms of the 1st 2nd and 3rd prayers for the substitution of the applicant, amendment of the originating summons and costs of the same be in the cause respectively as stated in paragraph 1 hereinabove.
6. The amended originating summons be filed and served within the next fourteen days from this date and any reply thereto be filed and served within fourteen days from the date of service of the amended originating summons.
7. Hearing of the suit is fixed for 15th October 2024.
8. It is so ordered
DATED AND DELIVERED VIRTUALLY AT HOMA BAY THIS 23RD DAY OF JULY 2024GEORGE M A ONGONDOJUDGEPresent;1. Ms B. Ochieng learned counsel for the proposed applicant2. Mr T. Luanga court assistant