Bilista Kambura Miriti & Adelina Gaaji Magiri (Deceased) v Borana Kiara [2018] KEELC 4515 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT  AT CHUKA

CHUKA ELC CIVIL APPEAL CASE NO. 13  OF 2017

FORMERLY MERU ELC CIVIL APPEAL CASE NO. 31 OF 2011

BILISTA KAMBURA MIRITI……………..…………………….APPLICANT

ADELINA GAAJI MAGIRI (DECEASED)…........ORIGINAL RESPONDENT

VERSUS

BORANA KIARA………………….................APPELLANT/RESPONDENT

RULING

1. This application is dated 24th January, 2018 and seeks orders:

1. That this honourable court be pleased to join BILISTA KAMBURA as the respondent in this suit in lieu of ADELINA GAAJU MAGIRI (deceased).

2. Costs of this application be provided for.

2. The application has the following grounds:

a) That the respondent herein is deceased.

b) That the applicant is the legal representative of the deceased estate having been issued with letters of administration ad litem on 22nd January, 2018.

c) That the appeal has stalled on account of the death of the original respondent but now the matter can kick off if the applicant is enjoined in place of the late respondent.

3. It is pellucid that the application is not opposed. Allowing the application will expedite the hearing and determination of this suit.

4. This application is allowed.

5. Costs shall be in the cause.

6. It is ordered as follows:

1. The appellant is to file and exchange written submissions within 30 days of today.

2. The respondent is to file and exchange written submissions within 21 days after receipt of the appellant’s written submissions.

7. The Appellant is directed to serve the record of appeal upon the respondent within 14 days of today.

8. Directions on 16. 4.2018.

9. It is so ordered.

Delivered in open court at Chuka this 19th day of February, 2018 in the presence of:

CA: Ndegwa

Mungai Wainaina for the appellant/respondent

I.C. Mugo for the applicant/respondent

P.M. NJOROGE

JUDGE