M'arichia Mwithiga Kirigia v Romano Muthengi Nduyo, Kathenya Kanyaka & Lands adjudication & settlement officer, Tharaka Nithi [2016] KEHC 5875 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

CIVIL CASE NO. 65 OF 2008.

M'ARICHIA MWITHIGA KIRIGIA........................................................................................PLAINTIFF

VERSUS

ROMANO MUTHENGI NDUYO..............................................................................1ST DEFENDANT

KATHENYA KANYAKA............................................................................................2nd DEFENDANT

LANDS ADJUDICATION & SETTLEMENT OFFICER,THARAKA NITHI...........3RD DEFENDANT

R U L I N G

This application is dated 18th February, 2016 and seeks orders:-

THATthe application be certified urgent and it be heard on priority basis.

THATthe Plaintiff/Applicant be granted leave to amend his plaint, in terms of   the annexed draft amended plaint, to amongst others, correct the name of the 2nd defendant to read JAMES MUCHOKA KATHENYA.

THATcosts of this application be in the cause.

It  is supported by the affidavit of M'Arichia Mwithiga Kirigia, the applicant, and has the following grounds:-

THATthe name used to describe the 2nd defendant is that of his father.

THATthe Plaintiff/Applicant needs leave of Court to amend the plaint to properly plead the correct name of the 2nd defendant to read JAMES  MUCHOKA  KATHENYA.

THATthe said JAMES MUCHOKA KATHENYA has filed a letter herein and is a necessary party in this case.

THATthe application is made in utmost good faith and in the interest of justice,    since the court has absolute discretion to grant the relief sought.

During the day fixed for Interpartes hearing (today), it transpired that the application was not opposed.  In the circumstances, the application is allowed.

Costs shall be in the  cause.

It is so ordered.

Delivered in Open Court at Meru this 15th day of March, 2016 in the presence of:-

CC: Daniel/Lilian

Mbaabu for the Applicant

James Muchoka  Kathenya-2nd Defendant

Kimathi for the Respondent

P. M. NJOROGE

JUDGE