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ELCPartially AllowedNot stated in the judgment· [2023] KEELC 891 (KLR)

Onunda & another v Rabita; Rabita (Substitute) (Environment and Land Appeal 19 of 2022) [2023] KEELC 891 (KLR)

Environment and Land Court
18 January 2023
GOG.M.A Ong'ondo
185 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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A Homabay court gave an appellant more time to substitute a respondent but struck out other prayers as abandoned, showing courts reward diligence in civil procedure.

What this practically means

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Executive summary

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This is a short interlocutory ruling of the Environment and Land Court at Homabay delivered by G.M.A Ong'ondo J on January 18, 2023, upon a Notice of Motion dated July 16, 2022 in an appeal. The court record does not disclose the case number, the parties' names or the court appealed from; the appearances note counsel for a 'plaintifi' and for the respondent. Upon hearing counsel for the respective parties, the court marked prayers 4 and 5 of the motion - for transfer of the matter and for substitution of the respondent - as abandoned. However, prayer 2 of the motion seeking extension of time was allowed 'to meet the ends of justice' pursuant to section 3 of the Environment and Land Court Act (2015) and sections 3 and 3A of the Civil Procedure Act, Chapter 21, Laws of Kenya, the court citing Nicholas Kiptoo Korir Salat v IEBC and 7 others (2017) eKLR. Because the extension of time was granted, the appellant's counsel was given 14 days from the date of the ruling to file and serve an application for substitution of the respondent. The court directed a mention on February 21, 2023. No costs order was made. The matter proceeded by way of appeal (parties are styled appellant and respondent), but no decision below was disturbed by these orders; the ruling is purely case-management in character.

Key legal issues

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01

Extension of time under the Environment and Land Court Act and the Civil Procedure Act

Holding

Extension of time granted to meet the ends of justice, following Nicholas Kiptoo Korir Salat v IEBC and 7 others

Reasoning

Counsel for the appellant sought extension of time in prayer 2 of the Notice of Motion. The court, invoking its inherent and statutory powers under section 3 of the Environment and Land Court Act (2015) and sections 3 and 3A of the Civil Procedure Act, allowed the prayer, citing Nicholas Kiptoo Korir Salat v IEBC and 7 others (2017) eKLR as authority for liberally granting such relief in the interest of justice.

p. 1
02

Abandonment of prayers for transfer and substitution

Holding

Prayers 4 and 5 of the Notice of Motion marked as abandoned

Reasoning

Upon hearing counsel for the respective parties, the court marked prayers 4 and 5 (transfer of the matter and substitution of the respondent) as abandoned. However, because prayer 2 for extension of time was allowed, the appellant's counsel was still accorded 14 days to file and serve a fresh application for substitution of the respondent.

p. 1

Legal principles established

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  • The court may grant extension of time to meet the ends of justice under section 3 of the Environment and Land Court Act and sections 3 and 3A of the Civil Procedure Act

Court orders

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  1. 1.Prayers 4 and 5 of the Notice of Motion dated July 16, 2022, for transfer of the matter and substitution of the respondent, marked as abandoned
  2. 2.Prayer 2 of the Notice of Motion for extension of time allowed
  3. 3.Appellant's counsel given 14 days from January 18, 2023 to file and serve an application for substitution of the respondent
  4. 4.Mention on February 21, 2023

Authorities

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Legislation

  • Environment and Land Court Actsection 3
  • Civil Procedure Act Chapter 21 Laws of Kenyasections 3 and 3A

Cases cited (1)

  • Nicholas Kiptoo Korir Salat v IEBC and 7 others
    (2017) eKLR
Jurisdiction invoked
Section 3 of the Environment and Land Court Act (2015) and sections 3 and 3A of the Civil Procedure Act Chapter 21 Laws of Kenya

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Onunda & another v Rabita; Rabita (Substitute) (Environment and Land Appeal 19 of 2022) [2023] KEELC 891 (KLR)", Case Analysis (2023). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/891/eng@2023-01-18

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.