[2023] KEELC 891 (KLR)
The court found that the interests of justice required granting the appellants an extension of time to file and serve an application for substitution of the respondent. The court exercised its discretion under section 3 of the Environment and Land Court Act and sections 3 and 3A of the Civil Procedure Act, guided by...
Source-derived case information.
- Citation
- [2023] KEELC 891 (KLR)
- Parties
- Appellant: Jacob Olango Onunda; Appellant: James Oura Ombuto; Respondent: Joseph Odhiambo Rabita; Respondent: Russalia 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 Notice of Motion for Extension of Time and Substitution
- Outcome
- Application for extension of time allowed; other prayers abandoned.
- Judges
- GMA Ongondo
- Legal Topics
- Extension of Time, Substitution of Parties, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jacob Olango Onunda
Appellant
James Oura Ombuto
Appellant
Joseph Odhiambo Rabita
Respondent
Russalia Rabita
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Notice of Motion for Extension of Time and Substitution
Legal Issues
- 1 Whether the appellants should be granted an extension of time to file an application for substitution of the respondent.
- 2 Whether the substitution of the respondent is warranted in the circumstances.
Ratio Decidendi
The court found that the interests of justice required granting the appellants an extension of time to file and serve an application for substitution of the respondent. The court exercised its discretion under section 3 of the Environment and Land Court Act and sections 3 and 3A of the Civil Procedure Act, guided by the principle that procedural technicalities should not override substantive justice. The court noted that prayers for transfer and substitution in the original motion were abandoned, and only the extension of time was considered and allowed. The appellants were given 14 days to file and serve the application for substitution, and the matter was set for mention to monitor...
Court Disposition
Application for extension of time allowed; other prayers abandoned.
Orders
- Prayers 4 and 5 of the Notice of Motion marked as abandoned.
- Prayer 2 for extension of time is allowed.
Full Case Text
Judgment text and source record
24 paragraphs
Onunda & another v Rabita; Rabita (Substitute) (Environment and Land Appeal 19 of 2022) [2023] KEELC 891 (KLR) (18 January 2023) (Ruling)
Neutral citation: [2023] KEELC 891 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment and Land Appeal 19 of 2022
GMA Ongondo, J
January 18, 2023
Between
Jacob Olango Onunda
1st Appellant
James Oura Ombuto
2nd Appellant
and
Joseph Odhiambo Rabita
Respondent
and
Russalia Rabita
Substitute
Ruling
1. Upon hearing counsel for respective parties in respect of Notice of Motion dated July 16, 2022, prayers 4 and 5 for transfer of this matter and substitution of the respondent respectively therein, are marked as abandoned.
2. Prayers 2 of the Notice of Motion for extension of time, is allowed accordingly in order to meet the ends of justice pursuant to section 3 of the Environment and Land Court Act (2015), (2011) and sections 3 and 3A of the Civil Procedure Act Chapter 21 Laws of Kenya; see also Nicholas Kiptoo Korir Salat v IEBC and 7 others (2017) eKLR.
3. The Appellant’s counsel is hereby given 14 days from this date to file and serve an application for substitution of the respondent since prayer 2 of the Notice of Motion has been allowed.
4. Mention on February 21, 2023.
DATED AND DELIVERED AT HOMABAY THIS 18TH DAY OF JANUARY 2023. G.M.A ONG’ONDOJUDGEIn the presence of:1. M. Odera, learned counsel for plaintiff.2. Ms Ochieng, holding brief for G.S Okoth learned counsel for the respondent.3. Okello, Court Assistant.