[2017] KEELC 538 (KLR)
The court found that the Notice of Motion dated 27/11/2017 was merited and unchallenged, as the respondent, though duly served, failed to appear or oppose the application. In the absence of any contest and upon consideration of the supporting affidavit and documents, the court exercised its discretion to grant...
Source-derived case information.
- Citation
- [2017] KEELC 538 (KLR)
- Parties
- Plaintiff: Sobe Marwa Rioba; Respondent: Kiribo Chacha Marwa
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 85 of 2017
- Procedural Posture
- Notice of Motion / Ruling
- Outcome
- Application allowed in part; orders 2, 3, and 5 granted to the applicant.
- Judges
- GMA Ongondo
- Legal Topics
- Interlocutory Injunctions, Service of Process, Unopposed Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sobe Marwa Rioba
Plaintiff
Kiribo Chacha Marwa
Respondent
Procedural Posture
Notice of Motion / Ruling
Legal Issues
- 1 Whether the applicant is entitled to the orders sought in the Notice of Motion dated 27/11/2017.
- 2 Whether the application is unopposed and the effect of non-appearance by the respondent.
Ratio Decidendi
The court found that the Notice of Motion dated 27/11/2017 was merited and unchallenged, as the respondent, though duly served, failed to appear or oppose the application. In the absence of any contest and upon consideration of the supporting affidavit and documents, the court exercised its discretion to grant orders 2, 3, and 5 as prayed by the applicant.
Court Disposition
Application allowed in part; orders 2, 3, and 5 granted to the applicant.
Orders
- Orders 2, 3, and 5 in the Notice of Motion dated 27/11/2017 are granted to the applicant.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
ENVIRONMENT AND LAND COURT
AT MIGORI
ELC CASE NO. 85 OF 2017
SOBE MARWA RIOBA..............................................PLAINTIFF
VERSUS
KIRIBO CHACHA MARWA.................................RESPONDENT
RULING
1. By a Notice of Motion dated 27/11/2017. The plaintiff/applicant represented by Nyagesoa advocate prays for orders 1 to 5 thereof. There are supporting affidavit and documents thereof.
2. The respondent was duly served on 14/12/2017 as shown on affidavit of service sworn on 18/12/2017. There is no appearance on his part.
3. I find the Notice of motion merited and unchallenged.
4. I accordingly grant orders 2,3, & 5 to the applicant accordingly
G.M.A. ONGONDO
JUDGE
DELIVERED, SIGNED and DATEDin open court at MIGORI this18th day of December 2017.
G. M. A. ONGONDO
JUDGE
In the presence of:
Mr. Nyagesoa counsel for the Applicant present
Ms. Okombo -Court assistant
G. M. A. ONGONDO
JUDGE