Pilster Mumbo Owidi (Suing as the Personal Administrator and Representative of the Estate of Thadayo Mumbo Owidi) v Daniel Odhiambo Ndege

Owidi (Suing as the personal administrator and representative of he Estate of Thadayo Mumbo Owidi) v Ndege (Environment & Land Case E005 of 2023) [2023] KEELC 21726 (KLR) (20 November 2023) (Ruling) Neutral citation: [2023] KEELC 21726 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT HOMA BAY ENVIRONMENT & LAND CASE E005 OF 2023 GMA ONGONDO, J NOVEMBER 20, 2023 BETWEEN PILSTER MUMBO OWIDI (SUING AS THE PERSONAL ADMINISTRATOR AND REPRESENTATIVE OF THE ESTATE OF THADAYO MUMBO OWIDI) ...................................................................................................... APPLICANT AND DANIEL ODHIAMBO NDEGE .......................................................... RESPONDENT RULING 1. By a preliminary objection dated October 17, 2023, the respondent/defendant, Daniel Odhiambo Ondenge through the rm of Ochich TLO & Associates Advocates, claimed, inter alia, that the applicant/plainti has no locus standi to mount this suit. 2. Mr Ochich, learned counsel for the defendant has made an application to withdraw the preliminary objection with no orders as to costs on the basis that the same has been overtaken by events. 3. Mr. Nyanga, learned counsel for the plainti has no objection to the defendant’s withdrawal of the application. 4. I have carefully considered the defendant’s application in entirety. The same is merited in the circumstances. 5. Accordingly, the preliminary objection is hereby marked as withdrawn with no orders as to costs. DATED AND DELIVERED AT HOMABAY THIS 20TH DAY OF NOVEMBER 2023. G.M.A ONG’ONDO JUDGE https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/21726/eng@2023-11-20 1