[2023] KEELC 16804 (KLR)
The court found that the application for reinstatement and substitution had already been allowed on 20th September 2022, rendering the present motion spent. There was therefore no pending application for determination. The court directed that the matter proceed to hearing and ordered the plaintiff to serve the...
Source-derived case information.
- Citation
- [2023] KEELC 16804 (KLR)
- Parties
- Plaintiff: Felix Oduor Oloo (Suing as the Administrator of the Estate of Michael Oloo Ogutu); Defendant: Domtila Anyango Ouma; Defendant: Maurice Otieno Ouma; Defendant: Joseph Owino Ouma; Defendant: Ouma Okoth Peter
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 15 of 2021
- Procedural Posture
- Environment and Land Case / Ruling on Application for Reinstatement and Substitution
- Outcome
- Application found to be spent; matter to proceed to hearing.
- Judges
- AY Koross
- Legal Topics
- Reinstatement of Suit, Substitution of Parties, Estate Administration
- 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
Felix Oduor Oloo (Suing as the Administrator of the Estate of Michael Oloo Ogutu)
Plaintiff
Domtila Anyango Ouma
Defendant
Maurice Otieno Ouma
Defendant
Joseph Owino Ouma
Defendant
Ouma Okoth Peter
Defendant
Procedural Posture
Environment and Land Case / Ruling on Application for Reinstatement and Substitution
Legal Issues
- 1 Whether the suit should be reinstated after dismissal.
- 2 Whether the substitution of the deceased plaintiff with the administrator is proper.
Ratio Decidendi
The court found that the application for reinstatement and substitution had already been allowed on 20th September 2022, rendering the present motion spent. There was therefore no pending application for determination. The court directed that the matter proceed to hearing and ordered the plaintiff to serve the defendants with a hearing notice. The court's decision was based on the procedural status of the application, not on the merits of reinstatement or substitution, as those issues had already been resolved in a prior order.
Court Disposition
Application found to be spent; matter to proceed to hearing.
Orders
- The matter shall proceed for hearing in open court on May 10, 2023.
- The plaintiff to personally serve the defendants with a hearing notice and file a return of service.
Full Case Text
Judgment text and source record
25 paragraphs
Oloo (Suing as the Administrator of the Estate of Michael Oloo Ogutu) v Ouma & 3 others (Environment & Land Case 15 of 2021) [2023] KEELC 16804 (KLR) (13 April 2023) (Ruling)
Neutral citation: [2023] KEELC 16804 (KLR)
Republic of Kenya
In the Environment and Land Court at Siaya
Environment & Land Case 15 of 2021
AY Koross, J
April 13, 2023
Originally Kisumu 268 OF 2014 (O.S)
Between
Felix Oduor Oloo (Suing as the Administrator of the Estate of Michael Oloo Ogutu)
Plaintiff
and
Domtila Anyango Ouma
1st Defendant
Maurice Otieno Ouma
2nd Defendant
Joseph Owino Ouma
3rd Defendant
Ouma Okoth Peter
4th Defendant
Ruling
1. The application that had been reserved for ruling was the plaintiff’s notice of motion dated March 15, 2022 in which the plaintiff’s counsel, Mr Ashioya, sought for two substantive prayers; reinstatement of the dismissed suit and substitution of the deceased plaintiff Michael Oloo Ogutu (‘deceased’) with one Felix Oduor Oloo.
2. As this court was penning its ruling, it came to its attention that the motion was spent; this court had allowed it on 20/9/2022. In other words, there was no motion pending determination.
3. In the circumstances, I hereby issue the following orders–a.The matter shall proceed for hearing in open court on May 10, 2023. b.The plaintiff to personally serve the defendants with a hearing notice and file a return of service.
DELIVERED AND DATED AT SIAYA THIS 13THDAY OF APRIL 2023. HON. A. Y. KOROSSJUDGEApril 13, 2023Ruling delivered virtually through Microsoft Teams Video Conferencing Platform in the Presence of:N/A for the partiesCourt assistant: Ishmael Orwa