Gidiel Kimathi Kithure & 2 others v Eliyah Jinyua Bariu & Seberina Kaario Karuti [2020] KEELC 283 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT MERU

ELC (O.S) CASE NO. 7 (B) OF 2012

GIDIEL KIMATHI KITHURE & 2 OTHERS........................................APPLICANT

VERSUS

ELIYAH JINYUA BARIU....................................................................RESPONDENT

SEBERINA KAARIO KARUTI..............................................................APPLICANT

RULING

Vide a notice of motion dated 24. 2. 2015, the applicant is seeking orders to be appointed as the legal representative of the 3rd plaintiff, Samuel Karuti M’Muceke (deceased). The applicant has availed a copy of the limited grant. I therefore find that the application is merited and the same is allowed with no orders as to costs. However, this case is old and I direct that the same be heard on priority basis.

DATED, SIGNED AND DELIVERED AT MERU THIS 14TH DAY OF DECEMBER, 2020

HON. LUCY. N. MBUGUA

ELC JUDGE

ORDER

The date of delivery of this Ruling was given via a notice dated 7. 12. 2020.  In light of the declaration of measures restricting court operations due to the COVID-19 pandemicand following the practice directions issued by his Lordship, the Chief Justice dated 17th March, 2020 and published in the Kenya Gazette of 17th April 2020 as Gazette Notice no.3137, this Ruling has been delivered to the parties by electronic mail.  They are deemed to have waived compliance with order 21 rule 1 of the Civil Procedure Rules which requires that all judgments and rulings be pronounced in open court.

HON. LUCY N. MBUGUA

ELC JUDGE