Fredrick Clarence Kittany v Eastside Development Limited & Nairobi City County [2017] KEELC 1224 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT MILIMANI

ELC.NO.102 OF 2016

FREDRICK CLARENCE KITTANY.......PETITIONER/APPLICANT

=VERSUS=

EASTSIDE DEVELOPMENT LIMITED...............1ST DEFENDANT

NAIROBI CITY COUNTY.....................................2ND DEFENDANT

RULING

This is a Notice of Motion dated 13th January 2016, wherein the 2nd Defendant has sought for dismissal of the Plaintiffs suit on allegation that the Plaintiff herein Fredrick Clarence Kittany is deceased as he died on 14th March 2000, at Nairobi Hospital as per attached Death Certificate annexure KT2.

The counsel for the Plaintiff has indeed confirmed that the Plaintiff herein is deceased and that she received instructions from one Collins Kipchumba Ngetich Kittany  who is the son of Fredrick Clarence Kittany . If indeed the Plaintiff herein is deceased, then he had no capacity to file this suit. The suit is therefore a non-starter and consequently the same is struck out and the suit dismissed with costs to be borne by the purported Plaintiff as prayed in prayer No. 2 of the Notice of Motion dated 13th January 2017.

Consequently, the Court allows the Notice of Motion dated 13th January 2017, entirely in terms of prayers No.2, 3 and 4.

It is so ordered.

Dated, Signed and Delivered at Nairobi  this 3rdday ofMarch 2017

L.GACHERU

JUDGE

In the presence of:-

Mr Maina holding brief for Ms Kwamboka for the Plaintiff

Court Clerk : Kevin

L. GACHERU

JUDGE