REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT MERU

ENVIRONMENT AND LAND CASE NO 161 OF 2004

THANANTU INVESTMENTS LTD...................................................PLAINTIFF/APPLICANT

VERSUS

APHAXAD KIRIMI MUTWIRI..........................................1^ST DEFENDANT/RESPONDENT

MBOROKI LITHARA......................................................2^ND DEFENDANT/RESPONDENT

MWONTHEA  M’ANAMPIU............................................3^RD DEFENDANT/RESPONDENT

JEREMIAH KIRAMANA....................................................4^TH DEFENDANT/RESPONDENT

JAPHET MUTHINJA M’TUERANDU...............................5^TH DEFENDANT/RESPONDENT

ADELINE KAIMURI KIBUTO............................................6^TH DEFENDANT/RESPONDENT

R U L I N G

This application is dated 17/09/2015.   It is predicated upon Sections 1A, 1B and 3A of the  Civil Procedure  Act, Order 8 Rule 3 and Order 51 Rule 1 of the Civil Procedure Rules 2010.  The application seeks orders:-

1. THAT this application be certified as urgent.
2. THAT this Honourable Court be pleased to grant the Plaintiff/applicant leave to amend his  Plaint in terms of the annexed draft amended Plaint.
3. THAT the costs of this application be provided for:-

The application is supported by the affidavit of COSMAS MUGAMBI ROMANO and has the following grounds:-

1. The amendment is necessary for the determination of the question as to the occupation of Land Parcel No. 1827 ANTUAMBURI ADJUDICATION SECTION by the defendants/ Respondents and the intended  7^th defendant.
2. The application is brought in good faith and in the spirit of fair determination of this suit.
3. At the time of filing the suit. WILSON MIRITI THAARA the intended 7^th defendant had not taken a portion out of the Suitland.
4. The amendment will enable expeditious resolution of this suit as the occupation of the suit land by the intended 7^th defendant and the other defendants is the subject matter of the suit.

I find that the application has been properly served upon all parties.  I also find that the inclusion of WILSON MIRITI THAARA  as the 7^th Defendant will not be prejudicial to any of the parties.  In the circumstances, the application is allowed.

Costs shall be in the cause.

Delivered in open Court at Meru this 9^th day of November, 2015 in the presence of:-

CC: Lilian /Daniel

Rimita for the a Applicant/Plaintiff

P. M. NJOROGE

JUDGE