Abdul Majid Suleman (suing on his behalf and also as legal representative of the estate of Abdul Aziz Suleman Deceased), Kulsum Suleman & Abdul Latif Suleman v County Government of Meru [2015] KEHC 2885 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

PETITION NO . 15 OF 2015

ABDUL MAJID  SULEMAN (suing on his behalf

and also as legal representative of the estate of

Abdul Aziz Suleman Deceased )...................1st PETITIONER/APPLICANT

KULSUM SULEMAN …..................................2nd PETITIONER/APPLICANT

ABDUL LATIF SULEMAN................................3rd PETITIONER/APPLICANT

VERSUS

THE COUNTY GOVERNMENT OF MERU............................RESPONDENT

RULING

This application, brought to Court by way of a Notice of Motion , is dated 31st day of July, 2015 and seeks Orders that:-

1. Memati Sacco Limited, Rumeto Sacco Limited and Meru County Cabs Association be joined  in these proceedings as 1st, 2nd and 3rd Interested Parties respectively and be served with all proceedings filed herein.

2. Costs of this Application be provided for.

The application is buttressed by the following grounds:-

a) The members of the 1st, 2nd and 3rd Interested Parties are owners of Taxis Operators/ Matatus who are currently operating from the parking space which is subject matter of the suit herein.

b) The orders sought by the Petitioners herein seek to evict the said members of the 1st, 2nd and 3rd Intended Interested Parties from operating from the said parking space.

c) It is in interest of Justice that the 1st, 2nd and 3rd Intended Interested Parties be heard before any orders that may affect them are issued by this Honourable Court.

d) The orders sought will enable this Honourable Court to adjudicate upon and settle the matter after hearing all parties that may be affected by the ruling or judgement delivered by this Honourable Court.

During mention for directions on 23/09/2015, Mr. Kitheka, for the applicants, told the Court that he was not opposed to the application and urged the Court to allow it. In the circumstances this application is allowed.

Costs shall be in the Cause.

Delivered in Open Court at Meru this 23rd day of September, 2015 in the presence of:

CC: Daniel/Lilian

Kitheka for the Petitioners

Igweta holding brief for Kiruki for the Intended Interested Parties

P.M NJOROGE

JUDGE