Case Metadata |
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| Case Number: | Enviromment And Land Suit 79 of 2014 |
|---|---|
| Parties: | Col (Rtd) Dr. Henry Muthee Kathurima v County Government Of Meru |
| Date Delivered: | 07 Sep 2016 |
| Case Class: | Civil |
| Court: | Environment and Land Court at Meru |
| Case Action: | Ruling |
| Judge(s): | Peter Muchoki Njoroge |
| Citation: | Col (Rtd) Dr. Henry Muthee Kathurima v County Government Of Meru [2016] eKLR |
| Advocates: | Mwirigi for the Applicant |
| Court Division: | Land and Environment |
| County: | Meru |
| Advocates: | Mwirigi for the Applicant |
| History Advocates: | One party or some parties represented |
| Case Outcome: | Application granted |
| 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
ENVIROMMENT AND LAND SUIT NO. 79 OF 2014
COL (RTD) DR. HENRY MUTHEE KATHURIMA....................................PLAINTIFF
VERSUS
COUNTY GOVERNMENT OF MERU....................................................DEFENDANT
R U L I N G
1. This Application is filed Under Order 24 Rule 3(1) of the Civil Procedure Rules. It seeks the following orders:
1. THAT this application be certified urgent and that it be heard urgently.
2. THAT the Honourable Court be pleased to issue an order, substituting the deceased plaintiff with SARAH MWAKA KATHURIMA who is the legal representative of the estate of the Plaintiff.
3. THAT costs be in the cause.
2. The Application is buttressed by the Affidavit of SARAH MWAKA KATHURIMA and has the following grounds:
1. The Plaintiff died on 23/05/2016 while this suit was pending for hearing.
2. The cause of action in this suit survives the death of the Plaintiff.
3. The Applicant has been granted letters of administration Ad Litem for purposes of being substituted in this matter in the place of the deceased plaintiff.
4. THAT no prejudice shall be occasioned upon the defendant if the application is allowed
3. At the exparte stage on 07/09/2016, Mr Mwririgi, the applicant's Advocate told the Court that the Applicant who is the wife of the deceased Plaintiff wanted to be substituted with her husband to allow her prosecute this suit expeditiously so that the estate of her husband was protected.
4. As this Application is facilitative, I find that the orders sought are meritorious and can be granted at this stage.
5. I grant prayer 2.
6. It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 7TH DAY OF SEPTEMBER, 2016 IN THE PRESENCE OF:-
CC: Lilian/Daniel
Mwirigi for the Applicant
P .M. NJOROGE
JUDGE
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