Case ID:173413
Parties: None
Date Delivered: None
Case Type: None
Court: None
Judges: None
Citation: None
Thadayo Auma Abuogi v Karen Margaret Juma
[2021] eKLR
Case Metadata
Case Number:
Environment and Land Case 6 of 2020
Parties:
Thadayo Auma Abuogi v Karen Margaret Juma
Date Delivered:
23 Mar 2021
Case Class:
Civil
Court:
Environment and Land Court at Migori
Case Action:
Ruling
Judge(s):
George Martin Atunga Ong'ondo
Citation:
Thadayo Auma Abuogi v Karen Margaret Juma
[2021] eKLR
Advocates:
Mr. Kipngetich h/b for Kisia for the plaintiff
Court Division:
Environment and Land
County:
Migori
Advocates:
Mr. Kipngetich h/b for Kisia for the plaintiff
History Advocates:
One party or some parties represented
Case Outcome:
Application allowed
Disclaimer:
The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MIGORI
ELC CASE NO. 6 OF 2020
THADAYO AUMA ABUOGI........PLAINTIFFS
VERSUS
KAREN MARGARET JUMA........DEFENDANT
RULING
1. By a Notice of motion dated 30
th
May 2020 and duly filed on the even date under section 1 (A&B), 3,3A & 63 ( e) of the Civil Procedure Act & Order 51 Rule 1 of the Civil Procedure Rules 2010 and Order 8 Rule 3 (1) and Order 49 Rule 7 (1) (B) (VI) of the Civil Procedure Rules 2010 and Article 159 of the Constitution of Kenya 2010 and all other enabling Provisions of the law,(the application herein). The plaintiff
THADAYO AUMA ABUOGI
who initially appeared in person and now represented by Messrs Kisia and company Advocates is seeking orders infra;-
a. That leave be granted to the applicant/plaintiff to amend his originating summons filed herein and to enjoin Peter Tambo Mugoya as 2
nd
Defendant/Respondent.
b. That the amended originating summons copy here with annexed herein be deemed as duly filed upon payment of the Court requisite fees.
c. Costs of this application be in the cause.
2. The application is premised on the plaintiff’s supporting affidavit sworn on the even date and the draft annexed to the originating summons and copy of green card/register in regard to the suit land
, LR NO. SUNA EAST/WASWETA
1/11954
. The same is also premised on grounds (a) to (f) set out on it’s face and noted accordingly.
3. The defendant was duly served. She is aware of the application. She had the liberty to appear or not to appear herein as observed by the Court of Appeal in
Ogada =vs= Mollin (2002) KLR 620.
4. The defendant has appeared in person. She has no objection to the orders sought in the application.
5. This court is conscious of joinder and now joinder of the parties to a suit as per Order 1 Rule 9 of the Civil Procedure Rules, 2010 and the Black’s Law Dictionary 10
th
Edition at page 965 on the definition of “joinder of parties.” owever, none of the parties complied thus, precipitating this ruling; See Order 51 Rule 16 of the Civil Procedure Rules, 2010.
6. I find the application sound and unopposed. Its merited in the circumstances.
7. Wherefore, the application dated 30
th
May 2020 is hereby allowed in terms of orders 1,2 and 3 sought therein.
Orders accordingly.
DELIVERED, DATED AND SIGNED AT MIGORI THIS 23
RD
DAY OF MARCH, 2021
G.M.A. ONGONDO
JUDGE
In presence of ;-
Tom Maurice - Court assistant
Mr. Kipngetich holding brief for Kisia for the plaintiff