[2023] KEELC 21726 (KLR)
The court found that the respondent's application to withdraw the preliminary objection was merited, as the applicant did not object and the preliminary objection had been overtaken by events. The court exercised its discretion to allow the withdrawal with no orders as to costs, considering the consent of both...
Source-derived case information.
- Citation
- [2023] KEELC 21726 (KLR)
- Parties
- Applicant: Pilster Mumbo Owidi (Suing As The Personal Administrator And Representative Of The Estate Of Thadayo Mumbo Owidi); Respondent: Daniel Odhiambo Ndege
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E005 of 2023
- Procedural Posture
- Environment and Land Case / Ruling on Preliminary Objection Withdrawal
- Outcome
- Preliminary objection withdrawn with no orders as to costs.
- Judges
- GMA Ongondo
- Legal Topics
- Locus Standi, Preliminary Objection, Withdrawal of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pilster Mumbo Owidi (Suing As The Personal Administrator And Representative Of The Estate Of Thadayo Mumbo Owidi)
Applicant
Daniel Odhiambo Ndege
Respondent
Procedural Posture
Environment and Land Case / Ruling on Preliminary Objection Withdrawal
Legal Issues
- 1 Whether the preliminary objection raised by the respondent should be withdrawn with no orders as to costs.
Ratio Decidendi
The court found that the respondent's application to withdraw the preliminary objection was merited, as the applicant did not object and the preliminary objection had been overtaken by events. The court exercised its discretion to allow the withdrawal with no orders as to costs, considering the consent of both parties and the circumstances of the case.
Court Disposition
Preliminary objection withdrawn with no orders as to costs.
Orders
- The preliminary objection dated October 17, 2023 is marked as withdrawn with no orders as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
Owidi (Suing as the personal administrator and representative of he Estate of Thadayo Mumbo Owidi) v Ndege (Environment & Land Case E005 of 2023) [2023] KEELC 21726 (KLR) (20 November 2023) (Ruling)
Neutral citation: [2023] KEELC 21726 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment & Land Case E005 of 2023
GMA Ongondo, J
November 20, 2023
Between
Pilster Mumbo Owidi (Suing As The Personal Administrator And Representative Of The Estate Of Thadayo Mumbo Owidi)
Applicant
and
Daniel Odhiambo Ndege
Respondent
Ruling
1. By a preliminary objection dated October 17, 2023, the respondent/defendant, Daniel Odhiambo Ondenge through the firm of Ochich TLO & Associates Advocates, claimed, inter alia, that the applicant/plaintiff has no locus standi to mount this suit.
2. Mr Ochich, learned counsel for the defendant has made an application to withdraw the preliminary objection with no orders as to costs on the basis that the same has been overtaken by events.
3. Mr. Nyanga, learned counsel for the plaintiff has no objection to the defendant’s withdrawal of the application.
4. I have carefully considered the defendant’s application in entirety. The same is merited in the circumstances.
5. Accordingly, the preliminary objection is hereby marked as withdrawn with no orders as to costs.
DATED AND DELIVERED AT HOMABAY THIS 20TH DAY OF NOVEMBER 2023. G.M.A ONG’ONDOJUDGE