Makokha & another v Okelo (Substituted in Place of Mose Morris Pamba (Deceased) & another; Wekesa t/a Timpech Auctioneers (Applicant) (Environment and Land Case 111 of 2016) [2025] KEELC 5332 (KLR)

Makokha & another v Okelo (Substituted in Place of Mose Morris Pamba (Deceased) & another; Wekesa t/a Timpech Auctioneers (Applicant) (Environment and Land Case 111 of 2016) [2025] KEELC 5332 (KLR) (16 July 2025) (Ruling) Neutral citation: [2025] KEELC 5332 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT BUSIA ENVIRONMENT AND LAND CASE 111 OF 2016 BN OLAO, J JULY 16, 2025 BETWEEN JOSEPH AKHUNGU MAKOKHA ..................................................... 1ST PLAINTIFF EPERIM KIZITO MAKOKHA ........................................................... 2ND PLAINTIFF AND BENARD OUMA OKELO (SUBSTITUTED IN PLACE OF MOSE MORRIS PAMBA (DECEASED) ...................................................................... 1ST DEFENDANT VITALIS BARASA NYAMBOKI .................................................... 2ND DEFENDANT AND TIMOTHY WANJALA WEKESA T/A TIMPECH AUCTIONEERS . APPLICANT RULING 1. The Notice of Motion dated 19th March 2025 by Timothy Wanjala Wekesa (the Applicant) came up this morning and upon hearing him virtually, I listed it for ruling on 17th July 2025. He seeks security to enable him attach and sale moveable properties of the Defendants arising out of a taxed Bill of costs. 2. Upon further perusal of the Motion and the annexed afidavits and the judgment delivered by OmolloJ on 27th September 2022, have found that infact it was the Plaintifis who were condemned to pay the Defendants costs and not the other way round. Therefore, the execution should be as against the Plaintifis i.e. Joseph Akhungu Makokha and Eperim Kizito Makokha. Yet, from the afidavit of service of Daniel Fwamba Muyekho dated 28th March 2025, it was the Defendants who were served with the Motion and not the Plaintifis. 3. In the circumstances, the Notice of Motion is directed to the wrong parties. It is hereby struck out. The Applicant to put his house in order and to file a proper Motion to be served upon the Plaintifis Joseph https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5332/eng@2025-07-16 1

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