Obadia Auko Ongoche v Jared Ogingo Otieno & another [2021] KEELC 977 (KLR)
- Court
- Environment & Land Court
- Case number
- 977
- Citation
- [2021] KEELC 977 (KLR)
- Decided
- 16 September 2021
Summary at a glance
TypeMiscellaneous ApplicationPostureApplication for leave to appeal and costsCoramG M A Ongondo
The application dated 21st September 2021 and filed herein on 22nd September 2021 be and is hereby allowed in terms of orders 2 and 3 sought therein and as stated in paragraph 1 (b) and (c) hereinabove.
Facts
The applicant, Obadia Auko Ongoche, is an elderly person diagnosed with Corona Virus disease and suffers from arthritis and stroke. He filed a plaint against the respondents in Homa Bay Principal Magistrate's Court but the plaint was struck out and the suit dismissed with costs.
Issues
- Whether the applicant has established a sufficient case for the grant of orders sought in the application.
- Whether the respondents have responded to the application or declined to respond to the same.
Reasoning
The court considered the applicant's submissions and found that he has established a sufficient case for the grant of orders sought in the application. The respondents were given notification and had the liberty to respond to the application or decline to respond to the same, but they chose the latter option.
Outcome
The application is allowed.
Orders
- Grant leave to appeal against the Ruling delivered on the 15th day of September 2020.
- Grant costs of the application in the cause in any event.
Remedies
- The applicant shall mount the intended appeal within the next thirty (30) days from this date failure of which the leave granted herein to lapse automatically.
Authorities cited
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