Joel Mukobwa Mwongera v Kenya Pentecostal Holilness Church Wiru Branch through Registered Trustees [2017] KEHC 6387 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT CHUKA

CHUKA ELC CASE NO 22 OF 2017

FORMERLY MERU ELC CASE NO.45 OF 2016

JOEL MUKOBWA MWONGERA…..………………….....................................................………...PLAINTIFF

VERSUS

KENYA PENTECOSTAL HOLILNESS CHURCH WIRU

BRANCH THROUGH REGISTERED TRUSTEES………..………………………………. DEFENDANT

RULING

1. This application is dated 3rd March, 2017 and seeks the following orders:-

a) That this Honourable Court be pleased to join ANESTLY MUTHONI MUKOBWA as plaintiff in this suit in lieu of JOEL MUKOBWA MWONGERA (deceased)

b) That costs be in the cause.

2. The application is supported by the affidavit of ANESTLY MUTHONI MUKOBWA and has the following grounds:-

1. That the plaintiff herein is deceased.

2. The applicant is the legal representative of the deceased plaintiff vide letters of grant in CHUKA SUCC C. NO.4/2017.

3. From the applicant’s supporting affidavit, it is noted that the plaintiff died on 14th September, 2016 with the effect that as regards him the suit has not abated.

4. Allowing this application will not be prejudicial to the defendant.

5. The application is allowed in terms of prayer (a).

6. Costs shall be in the cause.

7. It is so ordered.

Delivered in open court at Chuka this 11th day of April, 2017 in the presence of:

CA: Ndegwa

I.C Mugo for the plaintiff.

P.M. NJOROGE

JUDGE