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JudgmentJOHN OSORO OMBESE VS JOHN KUMENDA1 min read

JOHN OSORO OMBESE VS JOHN KUMENDA

Environment and Land Court at Kisii Environment and Land Court · · Sila Munyao

I have seen the application dated 26 March 2025 filed by the plaintiffs. They seek orders to have the defence of the defendant struck out. 

I am not persuaded to allow the application to be heard inter partes. This is because the case is already listed for hearing of the main suit on 1st July 2025. Whatever it is that is intended to be raised in the application can as well be raised at the hearing of the main suit. To entertain the application at this stage will only lead to delays in the conclusion of the suit. As I have said everything can be canvassed at the hearing. 

For the above reasons, I decline to admit the application dated 26 March 2025.

I strike it out at this ex-parte stage but make no orders as to costs.

DATED AND DELIVERED THIS 1ST DAY OF APRIL 2025

JUSTICE MUNYAO SILA

JUDGE, ENVIRONMENT AND LAND COURT

AT KISII

    JOHN OSORO OMBESE VS JOHN KUMENDA JOHN OSORO OMBESE VS JOHN KUMENDA