Benson Otieno Adongo v George Adha Adongo & another

Adongo v Adongo & another (Miscellaneous Application E013 of 2022) [2023] KEELC 17824 (KLR) (7 June 2023) (Ruling) Neutral citation: [2023] KEELC 17824 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT HOMA BAY MISCELLANEOUS APPLICATION E013 OF 2022 GMA ONGONDO, J JUNE 7, 2023 BETWEEN BENSON OTIENO ADONGO ................................................................ APPLICANT AND GEORGE ADHA ADONGO ......................................................... 1ST RESPONDENT PHILIP JUMA AJIJO .................................................................... 2ND RESPONDENT RULING 1. 2. 3. This ruling is in respect of the twinned matter; a. The respondent’s preliminary objection dated February 13, 2023 on a point of law that the applicant’s counsel is not properly on record for failure to comply with Order 9 Rules 9,10 and 11 of the Civil Procedure Rules, 2010. b. The applicant’s notice of Motion dated December 16, 2022 (the application) and the attendant orders. Mr J. Osoro learned counsel has applied that: a. The preliminary objection be marked as abandoned with no orders as to costs. b. The orders of this court issued on March 2, 2023 in respect of the application have lapsed and be vacated. c. Orders of the application be borne by the applicant. Ms Okello holding brief for Owaka learned counsel for the applicant informed the court that this matter has been resolved at family level in the spirit alternative justice system under article 159(2) (c) of the Constitution of Kenya, 2010. She conrmed that no appeal has been led and no security has been deposited in court further to orders of March 2, 2023. https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/17824/eng@2023-06-07 1

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