Republic v Municipal Council of Meru & Julius Bundi ex-parte Isabella Mwendwa [2016] KEHC 4497 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

MISCELLAENOUS APPLICATION 84 OF 2011

IN THE MATTER OF AN APPLICATION BY ISABELLA MWENDWA M'ANGAINE FOR LEAVE TO APPLY FOR ORDERS OF CERTIORARI

AND

IN THE MATTER OF THE SECTION 8 AND 9 OF THE LAW REFORMS ACT CAP 26 LAWS OF KENYA

AND

IN THE MATTER OF THE PROCEEDING AND THE DECISION/RECOMMENDATIONS OF THE MUNICIPAL COUNCIL OF MERU DATED 13TH JUNE, 2011

AND

IN THE MATTER OF THE MUNICIPAL COUNCIL OF MERU PLOT NUMBERS BP/MCM/16 (7) AND 23 (17)

BETWEEN

REPUBLIC ….....................................................................................APPLICANT

VERSUS

MUNICIPAL COUNCIL OF MERU......................................................RESPONDENT

JULIUS BUNDI.........................................................................INTERESTED PARTY

EX-PARTE …........................................................................ISABELLA MWENDWA

R U L I N G

This application is dated 13/05/2016 and seeks orders:-

1.  THAT  this Hononourable Court be pleased to substitute the erstwhile defunct respondent herein  Municipal Council of Meru with the County Government of Meru.

2. That costs be provided for.

The application is supported by the Affidavit of JACQUILINE NELIMA and has the following grounds:-

a. THAT the respondent is now defunct.

b. That it is therefore necessary to substitute the respondent with its successor , The County Government of Meru.

During Interpartes hearing on 16/05/2016 it transpired that the application was not opposed. In the circumstances,  It is allowed.

It is so ordered.

DELIVERED IN OPEN COURT AT MERU THIS 16TH DAY OF MAY, 2016  IN THE PRESENCE OF:-

CC: Lilian /Daniel

Nelima for the Applicant

Ojiambo h/b Mwanzia for the Interested Party

P.M. NJOROGE

JUDGE