[2023] KEELC 20742 (KLR)
The court found that the respondent's replying affidavit had been duly filed and that the timelines sought for service were reasonable. In the interest of justice, access to courts, and fair hearing as enshrined in the Constitution and relevant statutes, the court exercised its discretion to allow the respondent to...
Source-derived case information.
- Citation
- [2023] KEELC 20742 (KLR)
- Parties
- Appellant: Joseph Obiero; Respondent: Beatrice Ogola
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 18 of 2022
- Procedural Posture
- Environment and Land Appeal / Ruling on Application for Leave to Serve Replying Affidavit and Submissions Out of Time
- Outcome
- application allowed
- Judges
- GMA Ongondo
- Legal Topics
- Extension of Time, Service of Documents, Replying Affidavit, Written Submissions
- 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
Joseph Obiero
Appellant
Beatrice Ogola
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Application for Leave to Serve Replying Affidavit and Submissions Out of Time
Legal Issues
- 1 Whether the respondent should be granted leave to serve the replying affidavit and submissions out of time.
- 2 Whether the applicant would suffer prejudice if the leave is granted.
Ratio Decidendi
The court found that the respondent's replying affidavit had been duly filed and that the timelines sought for service were reasonable. In the interest of justice, access to courts, and fair hearing as enshrined in the Constitution and relevant statutes, the court exercised its discretion to allow the respondent to serve the replying affidavit and submissions out of time. The court was satisfied that no prejudice would be occasioned to the applicant, and that the overriding objective of the court is to facilitate the just and expeditious resolution of disputes. The application was therefore allowed, and directions were issued for the filing and service of further affidavits and...
Court Disposition
application allowed
Orders
- The respondent's counsel is granted time to file and serve the replying affidavit duly filed on April 19, 2023 within two days from the date of the ruling.
- The appellant's counsel to file and serve further affidavit and supplementary submissions within 14 days from the date of service of the replying affidavit and respondent's submissions.
Full Case Text
Judgment text and source record
25 paragraphs
Obiero v Ogola (Environment and Land Appeal 18 of 2022) [2023] KEELC 20742 (KLR) (17 October 2023) (Ruling)
Neutral citation: [2023] KEELC 20742 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment and Land Appeal 18 of 2022
GMA Ongondo, J
October 17, 2023
(FORMERLY MIGORI ELC APPEAL NUMBER 29 OF 2019)
Between
Joseph Obiero
Appellant
and
Beatrice Ogola
Respondent
Ruling
1. The respondent, Beatrice Ogola through her counsel, Ms. B. Ochieng instructed by the firm of Obach and partners Advocates has sought leave to comply with the orders of this court given on April 26, 2023 herein.
2. By the said orders, the court directed that the Notice of Motion application dated March 15, 2023 be heard by way of written submission and the parties to file exchange submission within 42 days from that date.
3. So, the respondent’s counsel has sought time, two (2) to serve the respondent’s replying affidavit sworn on April 12, 2023 and filed in court on April 19, 2023.
4. Mr. Obiero learned counsel for the applicant has opposed the application and urged the court to dismiss the same on grounds, inter alia, that there is no response to the notice of motion application and that the applicant has filed and served submissions thereof.
5. I have duly considered the respondent’s application and the response thereto.
6. I bear in mind that the replying affidavit was duly filed and the timelines sought to serve it alongside the submissions of the respondent.
7. In the spirit of Articles 48, 25 (c) and 50 (i) of theConstitution of Kenya 2010, sections 3 and 19 of the ELCAct, 2015 (2011) and the decision in James Kenyiita Nderitu and another versus Marios Philotas Ghikas and another (2016) eKLR, I find merit in the respondent’s application.
8. Accordingly, the said application is hereby allowed in terms infra:a.The respondent’s counsel is granted time to file and serve replying affidavit duly filed on April 19, 2023 herein within the next two (2) days from this date.b.The appellant’s counsel to file and serve further affidavit and supplementary submissions within 14 days from date of service of the replying affidavit and respondent’s submission.c.Mention on October 7, 2023 to confirm compliance and for directions.
9. Ordered accordingly.
DELIVERED AND DATED AT HOMABAY THIS 17TH DAY OF OCTOBER 2023G.M.A ONG’ONDOJUDGEPRESENT.1. Mr. Obiero learned counsel for appellant.2. Ms. Otieno learned counsel for respondent.3. Court Assistants, Luanga and Fiona.