Judgment[2023] KEHC 27214
Ogolla v Onyango Otunga & Company Advocates
High Court at Kisumu
Case law
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Division and case type: Environment and LandCivil Appeal
Ogolla v Onyango Otunga & Company Advocates (Civil Appeal E101 of 2023) [2023] KEHC 27214 (KLR) (27 December 2023) (Ruling) Neutral citation: [2023] KEHC 27214 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU CIVIL APPEAL E101 OF 2023 RE ABURILI, J DECEMBER 27, 2023 BETWEEN GEORGE OGOLLA .................................................................................. APPELLANT AND ONYANGO OTUNGA & COMPANY ADVOCATES ......................
Division and case type: Environment and LandLand Case
That this Honourable Court be pleased to revive this suit which abated by this Court's order on 2nd July, 2012. That this Honourable Court be pleased to retain the Inhibition Order lodged upon the suit land and to restrain the Defendant from wasting, cutting trees and/or vegetation or anything growing on the suit premises and from harassing the Applicant or the heirs or Dependants of the late Plaintiff until the determination of this suit.
Division and case type: Environment and LandCivil Suit
The litigants argument is found at page 5 of the ruling 2nd paragraph line 10 from the bottom: “that order vii rule 1(2) Civil Procedure Rules is silent as to whether each plaintiff should file a verifying affidavit, that there is no need for filing affidavit by each plaintiff as what is to be verified is the correctness of the averments and not their truthfulness, that the truthfulness of the claim is a matter for the trial, that the verifying affidavit of the first respondent is sufficient