REPUBLIC OF KENYA ENVIRONMENT AND LAND COURT AT KILGORIS ELCLC E005 OF 2026 OSENTU VENTURES COMPANY LIMITED……………….. ……………………….APPLICANT VERSUS JOHN LENGUNINI OLE KAKUI………………………………………………….RESPONDENT RULING 1. Upon hearing Ms. Kolum for the Applicant on the merits of the application dated 22nd of July 2026 which she ably argued on behalf of the Plaintiff/Applicant, which Application sought for leave of the court to Amend the Plaint. 2. The Application was served and it was unopposed and the court upon hearing Ms. Kolum, granted her leave to file a supplementary affidavit. 3. I have reviewed the proposed Amended Plaint in draft from as well as taken into consideration the submissions of Miss Kolum Learned Counsel for the Applicant. 4. The court indeed notes that the proposed Amendments intend to bring to the fore, the real matters in controversy as contemplated under section 100 of the Civil Procedure Act which empowers the court to allow such Amendments, and no prejudice will be visited upon the Respondents who are not opposed to the application in the first instance. 5. The court therefore allows the application in terms as herefollows; (i) That leave is hereby granted to the Applicant to file the Amended Plaint within 14 days from today. (ii) That the Respondent to file the Amended Defence within 15 days from date of service. Page 1|2
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(iii) Parties to comply with Order 11 by filing their witness statements and documents within 30 days from today. (iv) Mention for compliance before the DR on 3rd November 2026. Dated at Kilgoris this 1st day of October, 2026 Hon. M.N. Mwanyale Judge In the presence of CA – Sylvia/Victor Mr. Wafula for Defendant N/A for Ms. Koluu for the Plaintiff Page 2|2
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