Okul & another (Suing as the legal administrator of the Estate of Barack Deya OkulDeceased) v Wakay (Sued as the legal administrator of Zakayo Wakaya Got - Deceased) & 3 others; M/S Oguttu Mboya, Ochwal & Partiners Advocates (Applicant) (Environment & Land Case 26 of 2021) [2023] KEELC 936 (KLR) (14 February 2023) (Ruling) Neutral citation: [2023] KEELC 936 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT HOMA BAY ENVIRONMENT & LAND CASE 26 OF 2021 GMA ONGONDO, J FEBRUARY 14, 2023 BETWEEN EDWARD O OKUL .............................................................................. 1ST PLAINTIFF TOM MBOYA OKUL .......................................................................... 2ND PLAINTIFF SUING AS THE LEGAL ADMINISTRATOR OF THE ESTATE OF BARACK DEYA OKUL-DECEASED AND JULIUS OTIENO AKICHO ............................................................. 1ST DEFENDANT CHARLES OLUOCH WAKAY (SUED AS THE LEGAL ADMINISTRATOR OF ZAKAYO WAKAYA GOT - DECEASED) ...................................... 2ND DEFENDANT DHARMESH KUMAR KANUBHAI PATEL ............................... 3RD DEFENDANT JUMA DANDI OKELLO ................................................................. 4TH DEFENDANT AND M/S OGUTTU MBOYA, OCHWAL & PARTINERS ADVOCATES .. APPLICANT RULING 1. On February 13, 2023, the firm of Oguttu Mboya Ochwal and Partners Advocates for the plaintifis, lodged an application by way of a notice of motion dated February 10, 2023 seeking the following orders: a. The Honourable court be pleased to grant Leave and/or liberty to the firm of M/s Oguttu Mboya, Ochwal & Partners Advocates, to cease acting for the plaintifis. https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/936/eng@2023-02-14 1
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b. Consequently, the firm of M/s Oguttu Mboya, Ochwal & Partners Advocates, be discharged from acting for the plaintifis herein, Edward O. Okul And Tom Mboya Okul. c. Costs of this Application be borne by the plaintifis. d. Such further and or other orders be made as the court may deem fit and expedient. 2. Mr. Mandela Migele, learned Counsel instructed by W. Ochwal learned Counsel of M/S Ogutu Mboya, Ochwal and partners Advocates, has urged the court to allow the application. 3. Learned Counsel, Mr. M. Osoro holding brief for the firm of Odhiambo Oranga and Company Advocates has informed this court that: “ We intend to file notice of change of advocates for plaintifi. Parties may settle matter out of court” 4. I have considered the application in its entirety. In the obtaining circumstances, I find the same meritorious. 5. Accordingly, the application is hereby allowed in terms of orders 1 and 2 sought therein and as stated in paragraph 1(a) and (b) hereinabove. 6. No orders as to costs. It is so ordered. DATED AND DELIVERED AT HOMA BAY THIS 14TH DAY OF FEBRUARY, 2023. G.M.A ONG’ONDO JUDGE Present: Mr. Mandela Migele holding brief for Ms Ochwal learned counsel for the plaintifi. Mr. J. Otieno holding brief for Bana learned counsel for the 1st and 2nd defendants. Mr. M. Osoro prospective counsel for the plaintifis Okello and Fiona, Court Assistant. https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/936/eng@2023-02-14 2
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