Wanga v Kowiti; Kennedy Ooko Jacob t/a Ssebo Intel Co. Auctioneer (Interested Party) (Environment and Land Appeal E059 of 2022) [2023] KEELC 22188 (KLR) (14 December 2023) (Ruling) Neutral citation: [2023] KEELC 22188 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT HOMA BAY ENVIRONMENT AND LAND APPEAL E059 OF 2022 GMA ONGONDO, J DECEMBER 14, 2023 BETWEEN MICHAEL OKWORO WANGA ............................................................ APPELLANT AND JOSEPH OMOL KOWITI .................................................................... RESPONDENT AND KENNEDY OOKO JACOB T/A SSEBO INTEL CO. AUCTIONEER ......................................................................... INTERESTED PARTY RULING 1. This ruling is in respect of an application by way of a notice of motion dated 16th October 2023 by the applicant/interested party/auctioneer who appears in person seeking orders, inter alia; a. The honourable court be pleased to grant to the interested party/applicant herein to be joined and or enjoined in the instant proceedings to enable him assess his cost. b. That the cost incidental to this application be provided for. 2. The application is premised on the applicant’s supporting adavit and grounds (a) to (c) set out on the face of it. Briey, the applicant’s lamentation is that he is not a party to this suit and that he has a right to be heard and be paid his costs and other payment as he has performed his duties in this matter. 3. The respondent as well as his counsel were duly served with the application as shown in the adavits of service sworn by Vitalis Onyango Akuku, a private court process server on December 13, 2023 and December 4, 2023 respectively and duly led herein. 4. Notably, the respondent/judgment debtor opted not to respond to the application https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/22188/eng@2023-12-14 1
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5. In the premises, I nd the application unchallenged and meritorious. 6. Accordingly, the application is allowed in terms of prayers 2 and 6 therein as stated in paragraph 1 (a) and (b) hereinabove. 7. It is so ordered. DATED AND DELIVERED AT HOMA BAY THIS 14TH DAY OF DECEMBER 2023 G. M. A ONGONDO JUDGE PRESENT; 1. Applicant/interested party/auctioneer in person 2. Kachuodho, court assistant https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/22188/eng@2023-12-14 2
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