[2023] KEELC 21449 (KLR)
The court found that the applicant had provided sufficient evidence of the death of the 1st Petitioner and her capacity as a legal representative through the annexed grant. There being no objection from the respondents and the application being procedurally sound, the court held that the substitution was merited....
Source-derived case information.
- Citation
- [2023] KEELC 21449 (KLR)
- Parties
- Applicant: Lilian Achieng Odiwuor; Petitioner: Isaac Maurice Kibuye Musa Odede; Petitioner: Beatrice Atieno Ochieng; Petitioner: Isaiah Agwenge Odera; Respondent: Robert Arunga; Respondent: George Kidenda; Respondent: The Lands Registrar Rachuonyo District; Respondent: The Honourable Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition 12 of 2021
- Procedural Posture
- Constitutional Petition / Ruling on Application for Substitution of Deceased Petitioner
- Outcome
- application allowed
- Judges
- GMA Ongondo
- Legal Topics
- Joinder of Parties, Substitution of Deceased Party, Procedural Applications
- 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
Lilian Achieng Odiwuor
Applicant
Isaac Maurice Kibuye Musa Odede
Petitioner
Beatrice Atieno Ochieng
Petitioner
Isaiah Agwenge Odera
Petitioner
Robert Arunga
Respondent
George Kidenda
Respondent
The Lands Registrar Rachuonyo District
Respondent
The Honourable Attorney General
Respondent
Procedural Posture
Constitutional Petition / Ruling on Application for Substitution of Deceased Petitioner
Legal Issues
- 1 Whether Lilian Achieng Odiwuor should be enjoined as the 1st Petitioner in place of the deceased Isaac Maurice Kibuye Musa Odede.
- 2 Whether the application for substitution meets the procedural requirements.
Ratio Decidendi
The court found that the applicant had provided sufficient evidence of the death of the 1st Petitioner and her capacity as a legal representative through the annexed grant. There being no objection from the respondents and the application being procedurally sound, the court held that the substitution was merited. The application was allowed as prayed, permitting Lilian Achieng Odiwuor to be enjoined as the 1st Petitioner in place of the deceased, with costs in the cause.
Court Disposition
application allowed
Orders
- Lilian Achieng Odiwuor is enjoined as the 1st Petitioner in place of Isaac Maurice Kibuye Musa Odede (deceased).
- Costs of the application be in the cause.
Full Case Text
Judgment text and source record
37 paragraphs
Odede & 3 others v Arunga & 3 others (Constitutional Petition 12 of 2021) [2023] KEELC 21449 (KLR) (18 October 2023) (Ruling)
Neutral citation: [2023] KEELC 21449 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Constitutional Petition 12 of 2021
GMA Ongondo, J
October 18, 2023
Between
Isaac Maurice Kibuye Musa Odede
1st Petitioner
Beatrice Atieno Ochieng
2nd Petitioner
Isaiah Agwenge Odera
3rd Petitioner
and
Lilian Achieng Odiwuor
Applicant
and
Robert Arunga
1st Respondent
George Kidenda
2nd Respondent
The Lands Registrar Rachuonyo District
3rd Respondent
The Honourable Attorney General
4th Respondent
Ruling
1. This ruling is in regard to an application by way of Notice of Motion dated 13th April 2023 and filed on by the applicant, Lillian Achieng Odiwuor through O.P Ngoge and Associates Advocates. She is seeking the following orders:a.That Lilian Achieng Odiwuor be enjoined in this matter as the 1st Petitioner in place of Isaac Maurice Kibuye Odede (Deceased).b.That the Costs of this Application be in the Cause.
2. The application is premised upon the applicant’s supporting affidavit of four paragraphs sworn on even date and the annexed copy of grant “LAO1” as well as the ground set out on the face of the application. The applicant states that the 1st Petitioner is deceased. That she be allowed to join this suit in lieu of the deceased.
3. There is no response to the application.
4. Ms Agade instructed by the firm of Odondi Awino and Company Advocates for the 1st and 2nd respondents, has no objection to the application.
5. So, Mr. O.P Ngoge learned counsel for the applicant has implored this court to grant the orders sought in the application.
6. In the premises, I find the application cogent, steadfast and merited.
7. The upshot is that the application is hereby allowed in terms of order 1 sought therein and as stated in paragraph 1(a) hereinabove.
8. Costs of the application be in the cause.
9. It so ordered.
DELIVERED, DATED AND SIGNED AT HOMABAY THIS 18TH DAY OCTOBER, 2023. G.M.A ONG’ONDOJUDGEPRESENT.1. Mr. O.P Ngoge learned counsel for the applicant.2. Ms Agade instructed by Odondi Awino for the 1st and 2nd respondents.3. Court Assistants, Luanga and Mutiva.