M'kea Mugwaika v Mirungu Marigi [2016] KEHC 5035 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

ENVIRONMENT AND LAND CASE NO 66 OF 2015

M'KEA MUGWAIKA …....................................................................................PLAINTIFF

VERSUS

MIRUNGU MARIGI (Sued as the Legal Representative  of the Estate of the late

M'MARIGI MUNGANIA alias MARIGI MUNGANIA …...........................DEFENDANT

R U L I N G

This application is dated  14/03/2016 and seeks orders:

THAT  this Application be certified urgent and  be heard  on priority basis.

THAT  this Honourable Court be pleased  to take evidence of JUNIUS NDUBI MAGIRI de bene esse.

THAT costs be provided for.

The application is supported by the affidavit of Mirungu Magiri, the defendant and has, inter alia, the following grounds:-

THAT  the witness is advanced  in age, he is  88 years old.

THATthe witness has been having health problems and has been visiting the hospital on  several occasions and his evidence is important to this case.

THATit is only fair , just and equitable that this application be allowed to meet the ends of justice.

When the matter came up for consideration in Court on 13/4/2016, it transpired that the application was not opposed. It is , therefore, allowed. I order as follows:-

The evidence  of JUNIS NDUBI MAGIRI, a witness for the defendant be heard on 5/5/2016.

Costs shall be in the cause.

It is so ordered.

DELIVERED IN OPEN COURT AT MERU THIS 13TH DAY OF APRIL, 2016 IN THE PRESENC OF:-

CC: Daniel /Lilian

Kiogora for the Plaintiff

Mwanzia for the Defendant

P.M. NJOROGE

JUDGE