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JudgmentJOSEPHAT GICHANA ONDICHO VS Nelson Omwoyo Mogaka (Suing as the personal representative of the estate of MOGAKA BIKUNDO (DECEASED)1 min read

JOSEPHAT GICHANA ONDICHO VS Nelson Omwoyo Mogaka (Suing as the personal representative of the estate of MOGAKA BIKUNDO (DECEASED)

Environment and Land Court at Nyamira Environment and Land Court · · Dalmas Ohungo

I have considered the submissions. This appeal is against an order made on 6th August 2025 ex parte in chambers.

Pursuant to Section 75 of the Civil Procedure Act and Order 43 rule 1 (2) of the Civil Procedure Rules, leave is required to appeal against an order made ex parte in chambers.

Mr Ondigo has confirmed that no leave was sought. The leave in question is leave to appeal against an order made ex parte in chambers as opposed to leave to appeal out of time.

This appeal is incompetent. I strike it out. Costs to the Respondent.

Dated this 3rd day of June 2026.


 

Details

Delivered
Court rank
Environment and Land Court
Station
Nyamira Environment and Land Court (Environment and Land Court at Nyamira Environment and Land Court)
Division
Environment and Land Court
Case type
ELC Land Appeal
Judge
Dalmas Ohungo

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