[2023] KEELC 15988 (KLR)
The court found the application merited and, without opposition or substantive contest, held that the appeal should be marked as abated against the first appellant. The decision was based on the procedural rules governing abatement of proceedings and the absence of any argument to the contrary.
Source-derived case information.
- Citation
- [2023] KEELC 15988 (KLR)
- Parties
- Appellant: Jacob Olango Onunda; Applicant: James Oura Omboto; Respondent: Peter Opiyo Odhiambo (Being a Legal Representative of the Estate of Joseph Odhiambo Rabita)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 19 of 2022
- Procedural Posture
- Environment and Land Appeal / Ruling on Application for Abatement
- Outcome
- Appeal marked as abated against the first appellant.
- Judges
- GMA Ongondo
- Legal Topics
- Abatement of Appeal, Legal Representatives, Estate Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jacob Olango Onunda
Appellant
James Oura Omboto
Applicant
Peter Opiyo Odhiambo (Being a Legal Representative of the Estate of Joseph Odhiambo Rabita)
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Application for Abatement
Legal Issues
- 1 Whether the appeal should be marked as abated against the first appellant due to circumstances presented in the application.
Ratio Decidendi
The court found the application merited and, without opposition or substantive contest, held that the appeal should be marked as abated against the first appellant. The decision was based on the procedural rules governing abatement of proceedings and the absence of any argument to the contrary.
Court Disposition
Appeal marked as abated against the first appellant.
Orders
- This appeal is hereby marked as abated against the first appellant.
Full Case Text
Judgment text and source record
22 paragraphs
Onunda & another v Odhiambo (Being a Legal Representative of the Estate of Joseph Odhiambo Rabita) (Environment and Land Appeal 19 of 2022) [2023] KEELC 15988 (KLR) (7 March 2023) (Ruling)
Neutral citation: [2023] KEELC 15988 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment and Land Appeal 19 of 2022
GMA Ongondo, J
March 7, 2023
Between
Jacob Olango Onunda
Appellant
and
James Oura Omboto
Applicant
and
Peter Opiyo Odhiambo (Being a Legal Representative of the Estate of Joseph Odhiambo Rabita)
Respondent
Ruling
1. The appellant’s Counsel, Aluoch Odera has prayed that this court to allow an application by way of ex-parte Notice of Motion dated February 21, 2023 to the effect that this appeal has abated against the first appellant.
2. By the nature of the application, I find the same merited.
3. Accordingly, this appeal is hereby marked as abated against the first appellant.
4. Ordered accordingly.
DELIVERED, DATED AND SIGNED THIS 7TH DAY OF MARCH 2023G.M.A ONGO’NDOJUDGEPRESENT1. Aluoch Odera, learned Counsel for the appellants.2. Respondent, in person.3. Fiona, court assistant.