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ELCAllowedNot stated in the judgment· [2024] KEELC 4323 (KLR)
Owuonda v Odongo & another (Environment and Land Appeal 3 of 2021) [2024] KEELC 4323 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#Kenya's Environment and Land Court reinstated an appeal dismissed after a lawyer's diary error, showing courts will forgive honest mistakes when no one opposes.
What this practically means
#Executive summary
#The appellant/applicant, Elisha Ocheing Awuonda, brought a Notice of Motion dated 21st March 2024 under sections 1A, 1B and 3A of the Civil Procedure Act seeking to set aside orders issued on 19th March 2024 dismissing his appeal, and to have the appeal reinstated, with costs of the application in the cause. The grounds were that his counsel misdiarized the matter and that the respondents had passed on, leading to substitution of parties. The application was served, as evidenced by an affidavit of service sworn on 22nd March 2024 by counsel Obach Humprey, but the respondents' counsel opted not to file a response. The applicant's counsel, Ms B. Ochieng, urged the court to grant both prayers. Citing Ogada v Mollin (2009) KLR 620 on the position where there is no response, G.M.A Ong'ondo J found that the application was unopposed, that it was reinforced by the grounds on its face, the supporting affidavit and accompanying documents, and that it was meritorious. The court allowed the application in terms of both prayers: the orders of 19th March 2024 dismissing the appeal were set aside, the appeal was reinstated, and costs of the application were to be in the cause. The judgment is a short ruling on an unopposed reinstatement application delivered at Homa Bay on 29th May 2024.
Key legal issues
#01
Whether the dismissal of the appeal for non-attendance/prosecution should be set aside
Holding
The application is meritorious and the appeal is reinstated
Reasoning
The applicant explained that his counsel misdiarized the matter and that the respondents had passed on, necessitating substitution. The application was duly served, the respondents' counsel opted not to respond, and the court cited Ogada v Mollin (2009) KLR 620 on unopposed applications. Finding no opposition and the grounds supported by affidavit, the court allowed prayers (a) and (b).
p. 2
Legal principles established
#- An unopposed application may be allowed where it is supported by the grounds on its face and the supporting affidavit
Court orders
#- 1.The orders issued on 19th March 2024 dismissing the appeal are set aside and the appeal is reinstated
- 2.Costs of the application be in the cause
- On appeal from
- Subordinate court
- Jurisdiction invoked
- Sections 1A, 1B and 3A of the Civil Procedure Act (Chapter 21, Laws of Kenya)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Owuonda v Odongo & another (Environment and Land Appeal 3 of 2021) [2024] KEELC 4323 (KLR)", Case Analysis (2024). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/4323/eng@2024-05-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.