[2023] KEELC 22188 (KLR)
The court found that the application by the interested party/auctioneer was unchallenged and meritorious. Since the applicant had performed duties in the matter and sought to be joined for the purpose of assessing his costs, and there was no opposition from the respondent, the court allowed the application. The...
Source-derived case information.
- Citation
- [2023] KEELC 22188 (KLR)
- Parties
- Appellant: Michael Okworo Wanga; Respondent: Joseph Omol Kowiti; Interested Party: Kennedy Ooko Jacob t/a Ssebo Intel Co. Auctioneer
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal E059 of 2022
- Procedural Posture
- Environment and Land Appeal / Ruling on Application for Joinder and Costs
- Outcome
- Application allowed. The interested party/auctioneer is joined to the proceedings for the purpose of assessment and payment of his costs.
- Judges
- GMA Ongondo
- Legal Topics
- Joinder of Parties, Costs Award, Auctioneer Entitlement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Okworo Wanga
Appellant
Joseph Omol Kowiti
Respondent
Kennedy Ooko Jacob t/a Ssebo Intel Co. Auctioneer
Interested Party
Procedural Posture
Environment and Land Appeal / Ruling on Application for Joinder and Costs
Legal Issues
- 1 Whether the interested party/auctioneer should be joined to the proceedings to enable assessment and payment of his costs.
- 2 Whether the interested party is entitled to costs incurred in the course of performing his duties.
Ratio Decidendi
The court found that the application by the interested party/auctioneer was unchallenged and meritorious. Since the applicant had performed duties in the matter and sought to be joined for the purpose of assessing his costs, and there was no opposition from the respondent, the court allowed the application. The operative reasoning is that a person who has rendered services in the course of proceedings and seeks costs must be afforded an opportunity to be heard and to have his costs assessed, necessitating his joinder to the proceedings.
Court Disposition
Application allowed. The interested party/auctioneer is joined to the proceedings for the purpose of assessment and payment of his costs.
Orders
- The interested party/auctioneer is joined to the proceedings to enable assessment of his costs.
- Costs incidental to the application are provided for.
Full Case Text
Judgment text and source record
25 paragraphs
Wanga v Kowiti; Kennedy Ooko Jacob t/a Ssebo Intel Co. Auctioneer (Interested Party) (Environment and Land Appeal E059 of 2022) [2023] KEELC 22188 (KLR) (14 December 2023) (Ruling)
Neutral citation: [2023] KEELC 22188 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment and Land Appeal E059 of 2022
GMA Ongondo, J
December 14, 2023
Between
Michael Okworo Wanga
Appellant
and
Joseph Omol Kowiti
Respondent
and
Kennedy Ooko Jacob t/a Ssebo Intel Co. Auctioneer
Interested Party
Ruling
1. This ruling is in respect of an application by way of a notice of motion dated 16th October 2023 by the applicant/interested party/auctioneer who appears in person seeking orders, inter alia;a.The honourable court be pleased to grant to the interested party/applicant herein to be joined and or enjoined in the instant proceedings to enable him assess his cost.b.That the cost incidental to this application be provided for.
2. The application is premised on the applicant’s supporting affidavit and grounds (a) to (c) set out on the face of it. Briefly, the applicant’s lamentation is that he is not a party to this suit and that he has a right to be heard and be paid his costs and other payment as he has performed his duties in this matter.
3. The respondent as well as his counsel were duly served with the application as shown in the affidavits of service sworn by Vitalis Onyango Akuku, a private court process server on December 13, 2023 and December 4, 2023 respectively and duly filed herein.
4. Notably, the respondent/judgment debtor opted not to respond to the application
5. In the premises, I find the application unchallenged and meritorious.
6. Accordingly, the application is allowed in terms of prayers 2 and 6 therein as stated in paragraph 1 (a) and (b) hereinabove.
7. It is so ordered.
DATED AND DELIVERED AT HOMA BAY THIS 14TH DAY OF DECEMBER 2023G. M. A ONGONDOJUDGEPRESENT;1. Applicant/interested party/auctioneer in person2. Kachuodho, court assistant