Peter Kilemi M'itimitu v Diocese of Meru, Teressa Kaari Kobia [2018] KEELC 4736 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT MERU

CIVIL SUIT NO. 52 OF 1998

PETER KILEMI M'ITIMITU Legal representative of the estate of

M'ITIMITU M'MWITHIA  -Deceased..............................................PLAINTIFF

VERSUS

DIOCESE OF MERU..............................................................1ST DEFENDANT

ROMANO  KOBIA (TERESSA KAARI KOBIA as legal Representative of

ROMAN KOBIA LINYIRU-deceased.................................2ND DEFENDANT

R U L I N G

1. This Ruling is in respect of the application of 02:10:17, where applicant wants the Court to review the orders given on 19:07:17.

2. This is a case that has gone all the way to the Court of Appeal. What is pending is the issue of compensation to Plaintiff.

3. On 13:06:17 the Court had directed the parties to file valuation reports within 30 days. There was no compliance hence the orders of 19:07:17 which locked the Plaintiff from availing the Valuation Report.

4. Review is provided for under order 45 of the CPR. There is no basis for allowing the present application. After all, this Court had allowed the Plaintiff to testify regarding the issue of compensation.

5. The application of 02:10:17 is unmerited and the same is dismissed with costs to Respondent.

DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS DAY OF  24TH JANUARY, 2018 IN THE PRESENCE OF:-

Court Assistant:Janet

Wamache H/B for Kiome for Plaintiff present

Mungai for 1st Defendant present

HON. L. N. MBUGUA

ELC JUDGE