M'kubania Ndwara v Caterina M'ibui, Thuranira Thiritu, Farid Vimla , District Land Adjudication Officer,Meru North & Attorney General [2016] KEHC 5884 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

CIVIL SUIT NO.9 OF 2006

M'KUBANIA NDWARA...................................................................................PLAINTIFF

VERSUS

CATERINA M'IBUI.............................................................................1ST DEFENDANT

THURANIRA THIRITU....................................................................2ND DEFENDANT

FARID VIMLA …...............................................................................3RD DEFENDANT

THE DISTRICT LAND ADJUDICATION

OFFICER,MERU NORTH...............................................................4TH DEFENDANT

THE HON. ATTORNEY GENERAL.................................................5TH DEFENDANT

R U L I N G

This  application is dated 11/03/2013 and seeks orders:-

THAT this Honouarble Court be pleased to certify this application urgent and the same be heard for prayer No. 2 on priority basis.

THAT this Honourable Court be pleased to allow one FLORENCE KABIRITHU INDA to be  made a party herein as the Legal Representative of the Estate of the late M'KUBANIA NDWARA, the Plaintiff herein for purposes of taking over as the plaintiff and proceeding as such in the prosecution of this suit.

THAT the costs of this Application be costs in the cause.

The application is supported by the affidavit of Florence Kabirithu Inda, the applicant and has the following grounds:-

The Deceased  died intestate at Mutionjuri Village in Meru County within the Republic of Kenya out of natural causes.

The Deceased had prior to filed this suit and which was still pending for determination at the time of his death.

The Applicant is the deceased's biological daughter and has now been issued with a Grant of Letters of Administration   Ad litem for purposes of taking over and prosecuting this suit.

The said Application is brought to Court in utmost urgency and should be heard and considered on priority  basis.

This Application is brought to Court in utmost  good faith and the prayers being sought for, if granted, will not in any prejudice the Defendants' case , if any.

The nature and circumstances hereof are in favour of granting of the prayers being sought for vide this application.

Mr. Nyamu Nyaga, the applicant's Advocate  has told the Court that  this application has not been opposed.  He has asked the Court to allow it.

I do detest the use of pending applications as excuses for delaying hearing  and determination of suits.  This suit is 10 years old and I do opine that it deserves  expeditions disposal.

Allowing this application will  not be prejudicial to any of the parties . I find it meritorious to allow it.

In the circumstances, the application  is allowed in terms of prayer 2.

Costs shall be in the cause.

It is so ordered.

Delivered in Open Court at Meru  this8th day of March, 2016 in the presence of:

CC: Lilian/Daniel

Nyamu Nyaga for the Plaintiff

P.  M. NJOROGE

JUDGE