COL. (RTD) Dr. Henry Muthee Kathurima v County Government of Meru [2016] KEHC 3383 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

ELC SUIT NO 58 OF 2015

COL. (RTD) DR. HENRY MUTHEE KATHURIMA..........................PLAINTIFF

VERSUS

THE COUNTY GOVERNMENT OF MERU..................................DEFENDANT

R U L I N G

1. This application is dated 21st July, 2016 and seeks 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 cause.

2. It is supported by the affidavit of the applicant 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.

3. As the application only seeks to substitute a deceased litigant, I find that it has merit. It is, therefore allowed in terms of prayer 2.

4. Costs shall be in the cause.

5. It is so ordered.

DELIVERED IN OPEN COURT AT MERU THIS 25TH DAY OF JULY, 2016 IN THE PRESENCE OF:-

CC: Daniel/Lilian

P.M. NJOROGE

JUDGE