[2025] KEELC 4108 (KLR)
The court found that the applicants had provided sufficient evidence of their appointment as legal representatives of the deceased 7th defendant, Orori Ondengi, through the production of a Certificate of Death and a Grant of Letters of Administration ad litem. As there was no opposition to the application and the...
Source-derived case information.
- Citation
- [2025] KEELC 4108 (KLR)
- Parties
- Plaintiff: Gibson Ombagi Ogarao; Defendant: Joshua Mosoti Onyancha; Defendant: Eznah Kwamboka Meroka; Defendant: Huron Nyakenyanya Siringi; Defendant: Julius Birundu Mokaya; Defendant: James Mikuro Mageto; Defendant: Jackson Osano Ogaro; Defendant: Orori Ondengi (deceased, substituted by Jairus Omwoyo Orori and Nathan Orori Ondeng’i); Defendant: Charles Abira Abira; Defendant: The County Land Registrar, Kisii; Defendant: The County Land Surveyor, Kisii; Defendant: The Hon Attorney General; Applicant: Jairus Omwoyo Orori; Applicant: Nathan Orori Ondeng’i
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E004 of 2023
- Procedural Posture
- Environment and Land Case / Ruling on Application for Substitution of Deceased Defendant
- Outcome
- application allowed
- Judges
- M Sila
- Legal Topics
- Substitution of Parties, Death of Defendant, Letters of Administration, Estate Representatives
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gibson Ombagi Ogarao
Plaintiff
Joshua Mosoti Onyancha
Defendant
Eznah Kwamboka Meroka
Defendant
Huron Nyakenyanya Siringi
Defendant
Julius Birundu Mokaya
Defendant
James Mikuro Mageto
Defendant
Jackson Osano Ogaro
Defendant
Orori Ondengi (deceased, substituted by Jairus Omwoyo Orori and Nathan Orori Ondeng’i)
Defendant
Charles Abira Abira
Defendant
The County Land Registrar, Kisii
Defendant
The County Land Surveyor, Kisii
Defendant
The Hon Attorney General
Defendant
Jairus Omwoyo Orori
Applicant
Nathan Orori Ondeng’i
Applicant
Procedural Posture
Environment and Land Case / Ruling on Application for Substitution of Deceased Defendant
Legal Issues
- 1 Whether the applicants should be substituted as defendants in place of the deceased 7th defendant, Orori Ondengi.
- 2 Whether the applicants have demonstrated legal capacity to represent the estate of the deceased 7th defendant.
Ratio Decidendi
The court found that the applicants had provided sufficient evidence of their appointment as legal representatives of the deceased 7th defendant, Orori Ondengi, through the production of a Certificate of Death and a Grant of Letters of Administration ad litem. As there was no opposition to the application and the requirements for substitution under Order 24 of the Civil Procedure Rules were satisfied, the court allowed the substitution to enable the suit to proceed against the estate of the deceased. The court exercised its discretion to allow the application and made no order as to costs.
Court Disposition
application allowed
Orders
- Jairus Omwoyo Orori and Nathan Orori Ondeng’i are hereby substituted as the 7th defendant in place of the deceased Orori Ondengi and may continue the suit on behalf of his estate.
- There will be no orders as to the costs of this application.
Full Case Text
Judgment text and source record
43 paragraphs
Ogarao (Suing as the Legal Representative of the Estate of Ogaro Ombagi) v Onyancha & 10 others (Environment & Land Case E004 of 2023) [2025] KEELC 4108 (KLR) (29 May 2025) (Ruling)
Neutral citation: [2025] KEELC 4108 (KLR)
Republic of Kenya
In the Environment and Land Court at Kisii
Environment & Land Case E004 of 2023
M Sila, J
May 29, 2025
Between
Gibson Ombagi Ogarao
Plaintiff
Suing as the Legal Representative of the Estate of Ogaro Ombagi
and
Joshua Mosoti Onyancha
1st Defendant
Eznah Kwamboka Meroka
2nd Defendant
Huron Nyakenyanya Siringi
3rd Defendant
Julius Birundu Mokaya
4th Defendant
James Mikuro Mageto
5th Defendant
Jackson Osano Ogaro
6th Defendant
Orori Ondengi
7th Defendant
Charles Abira Abira
8th Defendant
The County Land Registrar, Kisii
9th Defendant
The County Land Surveyor , Kisii
10th Defendant
The Hon Attorney General
11th Defendant
Ruling
1. The application before me is that dated 11 March 2025. It is an application seeking to substitute the 7th defendant, one Orori Ondengi, who is said to be deceased.
2. The application has been filed by Jairus Omwoyo Orori and Nathan Orori Ondeng’I who aver that they have been appointed as the Legal Representatives of the deceased 7th defendant.
3. The supporting affidavit is sworn by Jairus Omwoyo Orori. He has averred that he is one of the sons of the deceased 7th defendant. He deposes that the 7th defendant died on 13 May 2024 and he has annexed the Certificate of Death. He has also annexed a Grant of Letters of Administration ad litem issued in Kisii Chief Magistrates’ Court Succession Cause No. E008 of 2025. The same was issued on 10 February 2025 to the two applicants.
4. None of the other parties have opposed the application and I see no reason not to allow it.
5. The application is hereby allowed. The two applicants Jairus Omwoyo Orori and Nathan Orori Ondeng’i hereby substitute the deceased 7th defendant and may continue the suit on behalf of his estate.
6. There will be no orders as to the costs of this application.
7. Orders accordingly.
DATED AND DELIVERED THIS 29 DAY OF MAY 2025JUSTICE MUNYAO SILAJUDGE, ENVIRONMENT AND LAND COURTAT KISII