Case Metadata |
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| Case Number: | Petition 11 of 2012 |
|---|---|
| Parties: | M'Thuranira M'Iguathu, Charles Muuna, Mukiira Iguara v Land Adjudication and Settlement Officer Igembe /Tigania Adjudication Area, Attorney General & Stephen Murimi M 'Ikunyua |
| Date Delivered: | 15 Oct 2014 |
| Case Class: | Civil |
| Court: | Environment and Land Court at Meru |
| Case Action: | Ruling |
| Judge(s): | Peter Muchoki Njoroge |
| Citation: | M'Thuranira M'Iguathu & another v Land Adjudication and Settlement Officer Igembe /Tigania Adjudication Area & 2 others [2014] eKLR |
| Advocates: | Kiongo for the Respondents Ndubi for the Interested Party Gikunda Anampiu for the Petitioners |
| Court Division: | Land and Environment |
| County: | Meru |
| Advocates: | Kiongo for the Respondents Ndubi for the Interested Party Gikunda Anampiu for the Petitioners |
| History Advocates: | Both Parties Represented |
| Case Outcome: | Prayer 1 allowed with costs to be in the cause |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
PETITION NO. 11 OF 2012
IN THE MATTER OF CONTRAVENTION OF FUNDAMENTAL RIGHTS AND FUNDAMENTAL FREEDOM ENSHRINED IN UNDER THE CONSTITUTION OF KENYA
IN THE MATTER OF ARTICLE 27, 40, 47, 48, AND 50 OF THE CONSTITUTION OF KENYA
BETWEEN
M'THURANIRA M'IGUATHU.................................................................................1ST PETITIONER
CHARLES MUUNA...............................................................................................2ND PETITIONER
MUKIIRA IGUARA.................................................................................................3RD PETITIONER
VERSIS
THE LAND ADJUDICATION AND SETTLEMENT OFFICER IGEMBE/TIGANIA ADJUDICATION AREA.......................................................................................................................1ST RESPONDENT
ATTORNEY GENERAL........................................................................................2ND RESPONDENT
STEPHEN MURIMI M 'IKUNYUA....................................................................INTERESTED PARTY
RULING
This application is dated 6.5.2014 and seeks orders:
1. That this honourable court be pleased to extend the Limited period to join the Applicant LUKE KALWIGI THURUANIRA to be the legal representative of the 1st petitioner who died on 23.2.2013.
2. That this honourable court be pleased to order the removal of the interested party from the proceedings herein as he is now deceased.
3. That the costs of the application be provided
It is supported by the following grounds:
a) That the 1st petitioner and interested party died while these proceedings were pending.
b) That the 1st petitioner has since applied to be the legal representative of the 1st petitioner and he has been issued with a grant.
c) That there is no one interested to be a legal representative of the interested party who in any case is not a compulsory party and his family has declined to take up the grant as legal representative
d) That this application is necessary to expedite the hearing of the matter
It transpired during hearing that the Interested Party was removed from the proceedings by consent on 26.11.2012. The parties, by consent, as the court to allow prayer 1.
In the circumstances, prayer 1 is allowed with costs to be in the cause.
Delivered in open court at Meru this 15th day of October, 2014 in the presence of:
Cc Lilian/Daniel
Kiongo for Respondents
Ndubi for Interested Party
Gikunda Anampiu for Petitioners.
P. M. NJOROGE
JUDGE
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