Obiero v Ogola (Environment and Land Appeal 18 of 2022) [2023] KEELC 20742 (KLR) (17 October 2023) (Ruling) Neutral citation: [2023] KEELC 20742 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT HOMA BAY ENVIRONMENT AND LAND APPEAL 18 OF 2022 GMA ONGONDO, J OCTOBER 17, 2023 (FORMERLY MIGORI ELC APPEAL NUMBER 29 OF 2019) BETWEEN JOSEPH OBIERO ..................................................................................... APPELLANT AND BEATRICE OGOLA ............................................................................. RESPONDENT RULING 1. The respondent, Beatrice Ogola through her counsel, Ms. B. Ochieng instructed by the rm of Obach and partners Advocates has sought leave to comply with the orders of this court given on April 26, 2023 herein. 2. By the said orders, the court directed that the Notice of Motion application dated March 15, 2023 be heard by way of written submission and the parties to le exchange submission within 42 days from that date. 3. So, the respondent’s counsel has sought time, two (2) to serve the respondent’s replying adavit sworn on April 12, 2023 and led in court on April 19, 2023. 4. Mr. Obiero learned counsel for the applicant has opposed the application and urged the court to dismiss the same on grounds, inter alia, that there is no response to the notice of motion application and that the applicant has led and served submissions thereof. 5. I have duly considered the respondent’s application and the response thereto. 6. I bear in mind that the replying adavit was duly led and the timelines sought to serve it alongside the submissions of the respondent. https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/20742/eng@2023-10-17 1
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7. In the spirit of Articles 48, 25 (c) and 50 (i) of the Constitution of Kenya 2010, sections 3 and 19 of the ELC Act, 2015 (2011) and the decision in James Kenyiita Nderitu and another versus Marios Philotas Ghikas and another (2016) eKLR, I nd merit in the respondent’s application. 8. Accordingly, the said application is hereby allowed in terms infra: 9. a. The respondent’s counsel is granted time to le and serve replying adavit duly led on April 19, 2023 herein within the next two (2) days from this date. b. The appellant’s counsel to le and serve further adavit and supplementary submissions within 14 days from date of service of the replying adavit and respondent’s submission. c. Mention on October 7, 2023 to conrm compliance and for directions. Ordered accordingly. DELIVERED AND DATED AT HOMABAY THIS 17TH DAY OF OCTOBER 2023 G.M.A ONG’ONDO JUDGE PRESENT. 1. Mr. Obiero learned counsel for appellant. 2. Ms. Otieno learned counsel for respondent. 3. Court Assistants, Luanga and Fiona. https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/20742/eng@2023-10-17 2
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