[2023] KEELC 17906 (KLR)
The court exercised its discretion to allow the applicant to file and serve an amended notice of motion to clarify the court file numbers for the new evidence sought to be introduced on appeal. The respondent did not object, and the court found that granting the application would serve the interests of justice and...
Source-derived case information.
- Citation
- [2023] KEELC 17906 (KLR)
- Parties
- Appellant: Ronald Odongo Oombo; Appellant: Alex Ombeng Okello; Respondent: Peres Atieno Onyango (administrator of the Estate of John Onyango Amach)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal E027 of 2022
- Procedural Posture
- Environment and Land Appeal / Ruling on Application to Amend Notice of Motion and Adduce New Evidence
- Outcome
- Application for leave to amend notice of motion and adduce new evidence allowed; directions issued for filing and service.
- Judges
- GMA Ongondo
- Legal Topics
- Adducing Fresh Evidence on Appeal, Amendment of Pleadings, Procedural Fairness
- Source Language
- en
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Summary, issues, holding and outcome
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Parties
Ronald Odongo Oombo
Appellant
Alex Ombeng Okello
Appellant
Peres Atieno Onyango (administrator of the Estate of John Onyango Amach)
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Application to Amend Notice of Motion and Adduce New Evidence
Legal Issues
- 1 Whether the applicant should be granted leave to file and serve an amended notice of motion to adduce new evidence on appeal.
- 2 Whether the respondent would be prejudiced by the amendment and introduction of new evidence.
Ratio Decidendi
The court exercised its discretion to allow the applicant to file and serve an amended notice of motion to clarify the court file numbers for the new evidence sought to be introduced on appeal. The respondent did not object, and the court found that granting the application would serve the interests of justice and procedural fairness. Directions were also given for the respondent to respond and for further directions to be taken on a specified date.
Court Disposition
Application for leave to amend notice of motion and adduce new evidence allowed; directions issued for filing and service.
Orders
- The applicant’s counsel to file and serve amended notice of motion within 14 days from the date of the ruling.
- The respondent to file and serve response to the notice of motion within 14 days from the date of service of the notice of motion, and may file and serve submissions within the same period.
Full Case Text
Judgment text and source record
21 paragraphs
Oombo & another v Onyango (administrator of the Estate of John Onyango Amach) (Environment and Land Appeal E027 of 2022) [2023] KEELC 17906 (KLR) (6 June 2023) (Ruling)
Neutral citation: [2023] KEELC 17906 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment and Land Appeal E027 of 2022
GMA Ongondo, J
June 6, 2023
Between
Ronald Odongo Oombo
1st Appellant
Alex Ombeng Okello
2nd Appellant
and
Peres Atieno Onyango
Respondent
administrator of the Estate of John Onyango Amach
Ruling
1. Mr Nyauke, learned counsel for the applicant/defendant is seeking 14 days to file and serve amended notice of motion to show the correct numbers of court files they intend to produce as new evidence as sought in the notice of motion dated November 23, 2022.
2. The respondent has no objection to the application.
3. Upon hearing counsel for the applicant and the respondent in person and in the interest of justice, I order and direct thus:a.The applicant’s counsel to file and serve amended notice of motion within the next 14 days from this date.b.The respondent to file and serve response to the notice of motion within 14 days from the date of service of the notice of motion. She may file and serve submissions thereon within the same period.c.The notice of motion fixed for further directions on July 25, 2023.
DELIVERED, DATED AND SIGNED AT HOMABAY THIS 6TH DAY OF JUNE 2023. G.M.A ONG’ONDOJUDGEPRESENT.Mr. Nyauke learned counsel for Applicants/Appellants.Respondent – Present in person.Appellant/Applicant, present.Court Assistants, Luanga and Okello.