[2023] KEELC 17478 (KLR)
The court found that the application for amendment of the plaint, substitution of the 2nd defendant with the County Government of Homabay, and joinder of the National Land Commission was unopposed and meritorious. The court exercised its discretion under the Civil Procedure Rules and the Constitution to allow these...
Source-derived case information.
- Citation
- [2023] KEELC 17478 (KLR)
- Parties
- Plaintiff: Joshua Ouko Piemo; Defendant: The Hon. Attorney General; Defendant: County Council of Rachuonyo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 1 of 2023
- Procedural Posture
- Chamber Summons / Ruling on Interlocutory Application to Amend Plaint, Substitute Party, and Enjoin New Party
- Outcome
- application partially allowed
- Judges
- GMA Ongondo
- Legal Topics
- Amendment of Pleadings, Joinder of Parties, Substitution of Parties, Temporary Injunctions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joshua Ouko Piemo
Plaintiff
The Hon. Attorney General
Defendant
County Council of Rachuonyo
Defendant
Procedural Posture
Chamber Summons / Ruling on Interlocutory Application to Amend Plaint, Substitute Party, and Enjoin New Party
Legal Issues
- 1 Whether the plaintiff should be granted leave to further amend the plaint.
- 2 Whether the 2nd defendant should be substituted by the County Government of Homabay as successor in title.
- 3 Whether the National Land Commission should be enjoined as a party to the proceedings.
Ratio Decidendi
The court found that the application for amendment of the plaint, substitution of the 2nd defendant with the County Government of Homabay, and joinder of the National Land Commission was unopposed and meritorious. The court exercised its discretion under the Civil Procedure Rules and the Constitution to allow these amendments, holding that they would enable the real issues in controversy to be determined and facilitate the just resolution of the dispute. The court partially allowed the application in terms of the first three prayers, with costs in the cause, but did not grant the prayer for a temporary injunction.
Court Disposition
application partially allowed
Orders
- Leave granted to the plaintiff to further amend his plaint as per the attached draft.
- The 2nd defendant is substituted by the County Government of Homabay as successor in title.
Full Case Text
Judgment text and source record
24 paragraphs
Piemo v Attorney General & another (Environment & Land Case 1 of 2023) [2023] KEELC 17478 (KLR) (23 May 2023) (Ruling)
Neutral citation: [2023] KEELC 17478 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment & Land Case 1 of 2023
GMA Ongondo, J
May 23, 2023
Between
Joshua Ouko Piemo
Plaintiff
and
The Hon. Attorney General
1st Defendant
County Council of Rachuonyo
2nd Defendant
Ruling
1. By a chamber summons dated February 13, 2023 and lodged in court on February 16, 2023 under, inter alia, Order 8 Rule 3 of the Civil Procedure Rules, 2010 (the application herein), the plaintiff/applicant, Joshua Ouko Piemo through the firm of Kasamani and Associates Advocates is seeking the following orders.a.That the Plaintiff/Applicant do further amend his plaint per the attached Draft.b.That the 2nd Defendant be substituted by the County Government of Homabay, the successor in title.c.That the National Land Commissions be enjoined as a party to these proceedings pursuant to the National Land Commission Act of 2012. d.That the court do issue a Temporary Injunction directed at the 2nd Defendant to cease further development on Land Reference East Karachuonyo/Kobuya/869 pending the hearing and determination of this case.e.That the costs of this application be provided for.
2. The application is anchored on grounds (a) to (d) set on its face, the applicants supporting affidavit of six paragraphs and the documents marked as 'JOP1' and 'JOP2' annexed to the affidavit . Briefly, the applicant claims that the amendment sought will bring forth all the issues for determination herein.
3. Masaka, learned counsel for the 1st and 2nd defendants/respondents has told the court that this is an old matter and has had a conversation with the applicant’s counsel over the matter. That she has no objection to prayers 1, 2 and 3 sought in the application; see also Article 159 (2) (b) of the Constitution of Kenya, 2010.
4. Mr M Mandele instructed by Lutta of Kasamani and Associates Advocates has affirmed the position.
5. So, the application is partially unopposed and meritorious.
6. Accordingly, the application is partially allowed in terms of orders 1,2 and 3 sought therein with costs in the cause.
7. It is so ordered.
DELIVERED, DATED AND SIGNED AT HOMABAY THIS 23RD DAY OF MAY 2023. G.M.A ONG’ONDOJUDGEIn the Presence of:a. M. Migele holding brief for Lutta for the applicantb. Masaka for 1st and 2nd respondents.c. Edith, court assistant.