Kariene Traders (Suing Through) Basilio Muruga,George Manene & Joseph Muthama v Clerk County Council of Meru Central [2014] KEHC 279 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

HCC NO. 169 OF 2011

KARIENE TRADERS (suing through)BASILIO MURUGA...................1ST PLAINTIFF

GEORGE MANENE....................................................................................2ND PLAINTIFF

JOSEPH MUTHAMA................................................................................3RD PLAINTIFF

VERSUS

THE CLERK COUNTY COUNCIL OF MERU CENTRAL.............................DEFENDANT

RULING

This application is dated 23rd  July, 2014.  It seeks orders that:

(a) THAT ,this honourable court be pleased to grant the applicant/plaintiff leave to amend his plaint in terms of the annexed draft.

(b)  THAT, the defendant be at liberty to amend/or file his defence accordingly.

c)  THAT, costs of this application be in the cause.

It has the following grounds:

(a) That The 2nd plaintiff passed on more that 1 year ago.

(b) By virtue of the devolved system in the New Constitution 2010, the defendant County Council of Meru has ceased to exist.

When the application came up for inter partes hearing on 24. 11. 2014, the application was not opposed.  In the circumstances, the application is allowed.

It is so ordered.

Delivered in Open Court at Meru this 24th day of November, 2014 in the presence of:

Cc. Daniel

Muthomi h/b Ondari for Applicants

P. M. NJOROGE

JUDGE