Agenga v Alango

Agenga v Alango (Environment and Land Appeal E008 of 2023) [2024] KEELC 14202 (KLR) (5 November 2024) (Ruling) Neutral citation: [2024] KEELC 14202 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT HOMA BAY ENVIRONMENT AND LAND APPEAL E008 OF 2023 GMA ONGONDO, J NOVEMBER 5, 2024 BETWEEN FRANCISCA AKINYI AGENGA ........................................................... APPELLANT AND PHOEBY WARIA ALANGO ............................................................... RESPONDENT RULING 1. The instant ruling in respect of a Notice of motion application dated 18th October 2024 is delivered in lieu of the expected judgment to meet the ends of justice herein pursuant to Articles 48, 25 (c ) and 50 (1) of the Constitution of Kenya 2010 and sections 3 and 3A of the Civil Procedure Act Chapter 21 Laws of Kenya. 2. In the application originated after this appeal was xed for judgement, Ashioya and Company Advocates learned counsel for the respondent/cross appellant, Phoebe Waria Alango, is seeking that leave be granted to the respondent/cross appellant to le her submissions outside the timeline allocated by the court and costs of the application be provided for. 3. The gist of the application is that the respondent’s counsel did not le submissions within the timelines set by the court as he was taking his ailing mother to various hospitals thus, was out of oce for two months. That the submissions have already been led and served. That therefore, this application be allowed and the respondent be accorded an opportunity to be heard in the appeal. 4. Mr. J. O Bunde learned counsel for the respondent has no opposition to the application. He has informed the court that the submissions sought to be led have been led and served in this matter. 5. So, is the application merited? 6. Indeed, the respondent/ cross appellant’s counsel has led submissions dated 25th October 2024 in this appeal. https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/14202/eng@2024-11-05 1

page 1 of 2