County Government of Nandi v Morong & another (Environment and Land Case Civil Suit E015 of 2024) [2025] KEELC 8611 (KLR)

County Government of Nandi v Morong & another (Environment and Land Case Civil Suit E015 of 2024) [2025] KEELC 8611 (KLR) (9 December 2025) (Ruling) Neutral citation: [2025] KEELC 8611 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT KAPSABET ENVIRONMENT AND LAND CASE CIVIL SUIT E015 OF 2024 GMA ONGONDO, J DECEMBER 9, 2025 BETWEEN COUNTY GOVERNMENT OF NANDI ................................................. PLAINTIFF AND DORICE RONOH MORONG ........................................................ 1ST DEFENDANT LAND REGISTRAR NANDI COUNTY ...................................... 2ND DEFENDANT RULING 1. By the Notice of motion application dated 1st October 2025, the 1st defendant/applicant through Aming’a, Opiyo Masese and Company Advocates, is seeking the following orders; a. That the Honourable Court be pleased to grant leave to the 1st Defendant to amend her statement of defence in terms of the draft amended defence and counterclaim attached hereto. b. That the draft mended defence and counterclaim be deemed to be duly filed upon payment of the requisite fees. c. That the costs of this application be in the cause. 2. Ms Otieno learned Counsel for the Applicant urged the Court to allow the application on the basis that the application was duly served on the Respondents as revealed in the afidavit of service sworn on 14th November 2025. 3. Mr. A. Kogo learned Counsel for the Respondent/Plaintifi did confirm service of the application and has no opposition to it. 4. I take into account the purpose of amendment of pleadings namely to facilitate the determination of real issues in controversy; see Halsbury’s Laws of England 4th Edition (re-issue) Volume 36 (1) at paragraph 76 and Lastern Bakery-vs-Castelin (1958) 1 EA 461. https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8611/eng@2025-12-09 1

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