Henry Kioji Ndaithu v Makembo Magane & Mugao M’muchege [2017] KEELC 205 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT CHUKA

CHUKA ELC CASE NO 169 OF 2017

FORMERLY MERU ELC CASE NO.176 OF 2012

HENRY KIOJI NDAITHU ………....PLAINTIFF

VERSUS

MAKEMBO MAGANE……...1ST DEFENDANT

MUGAO M’MUCHEGE…....2ND DEFENDANT

RULING

1. Mr. Ondari informed me this morning that the plaintiff had passed on. Mr. Mwiti needs time to have him substituted.

2. I do note that on 26. 5.2016, the court fixed 25. 8.2016 as the date for formal proof proceedings. However, the next time the plaintiff’s advocate was in court was on 27. 7.2017, over one year later.

3. I have perused the plaint.  The plaintiff’s plaint dated 23rd November, 2012 has only a prayer for permanent injunction. It contains no pecuniary claim. The interlocutory injunction entered by the Deputy Registrar, dated 13. 5.2013, is therefore wrongly entered. It is therefore dismissed and expunged from the court records.

4. The plaintiff’s advocate is granted 45 days to substitute the deceased plaintiff.

5. The plaintiff’s advocate is directed to properly serve upon the defendants with the next date for directions.

6. Parties will take directions on 29. 1.2018.

7. It is so ordered.

Delivered in open court at Chuka this 14th day of November, 2017 in the presence of:

CA: Ndegwa

Ondari h/b Mwiti for the Plaintiff

P.M. NJOROGE

JUDGE