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JudgmentMoses Musalimwa Witira VS Tina Atika AND Kefa Atika1 min read

Moses Musalimwa Witira VS Tina Atika AND Kefa Atika

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

By Notice of Motion dated 14th October 2022, the plaintiff seeks an order that the suit against the second defendant be reinstated for hearing.

I have considered the application and the supporting affidavit. The application is not opposed. The record herein shows that the second defendant filed a witness statement on 12th July 2021. It cannot possibly be true therefore that he had passed away as of 15th May 2019 as the court was informed on that date.

I find merit in Notice of Motion dated 14th October 2022 in so far as it concerns the suit against the second defendant. I make the following orders:

  1. The order of 8th November 2021 which marked the suit against the second defendant abated is set aside.
  2. The suit against the second defendant is reinstated for hearing and determination.
  3. Costs of Notice of Motion dated 14th October 2022 shall be in the cause.

Dated 23rd May 2024.

    Moses Musalimwa Witira VS Tina Atika AND Kefa Atika Moses Musalimwa Witira VS Tina Atika AND Kefa Atika