Mary Muthoni v Andrew Mwirigi Mungania & another [2017] KEELC 706 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND  COURT AT CHUKA

CHUKA ELC CIVIL APPEAL CASE NO. 34  OF 2017

FORMERLY MERU ELC CIVIL APPEAL  NO. 89 OF 2012

MARY MUTHONI..............................................................APPELLANT

VERSUS

ANDREW MWIRIGI MUNGANIA & ANO.................RESPONDENTS

RULING

1. This matter came to court on 7. 12. 2017 for dismissal in terms of Order 42 Rule 35(2) of the Civil Procedure Rules.

2. Advocate Kaimba brought to the attention of the court that the matter was a running down case which should be heard by the High Court.

3. A perusal of the plaint confirmed that the suit arose out of a road accident.

4. In the circumstances, it is ordered that this matter be referred to the High Court at Chuka for hearing and determination.

Delivered in open court at Chuka this 7th day of December, 2017 in the presence of:

CA: Ndegwa

Kaimba for the Appellant

P.M. NJOROGE

JUDGE