REPUBLIC v DISTRICT LAND ADJUDICATION AND SETTLEMENT OFFICER IGEMBE DISTRICT Ex-parte GEOFFREY KAGOJI AKWALU [2011] KEHC 2695 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MERU

MISC. APPLICATION CASE NO. 73 OF 2009

REPUBLIC ...........................................................................................................................................APPLICANT

VERSUS

DISTRICT LAND ADJUDICATION ANDSETTLEMENT OFFICER IGEMBE DISTRICT ..........RESPONDENT

SAMUEL MBATARU.............................................................................................................INTERESTED PARTY

GEOFFREY KAGOJI AKWALU .................................................................................... EX PARTE APPLICANT

RULING

The ex parte applicant Geoffrey Kajoi Akwalu now deceased obtained leave of the court on 19th October 2009 to apply for orders of certiorari and mandamus to issue against the decision of the District Land Adjudication and Settlement Officer Igembe District of 29th April 2009. The substantive Notice of Motion was dated 2nd November 2009. An application is now made by Alexander Meeme Kajoi seeking to substitute the deceased ex parte applicant in this matter. He obtained a limited grant authorizing him to prosecute this case under Succession Cause No. 150 of 2010 in Meru High Court. The application by Alexander is therefore merited and is granted to the effect that Alexander Meeme Kajoi do hereby substitute Geoffrey Kajoi Akwalu. The said Alexander Meeme Kajoi shall within 21 days from this date hereof file an amended notice of Motion reflecting his name as the ex parte applicant. There shall be no orders as to costs.

Dated, signed and delivered at Meru this 18th day of May 2011.

MARY KASANGO

JUDGE