Samuel Ntoiti M'mborothi v County Council of Nyambene [2016] KEHC 2914 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

ENVIRONMENTAL AND LAND  CASE NO. 8 OF 2016

FORMALLY

MAUA CMCC NO 325 OF 2010

SAMUEL NTOITI M'MBOROTHI..................................PLAINTIFF/APPLICANT

VERSUS

THE COUNTY COUNCIL OF NYAMBENE..............DEFENDANT/RESPONDENT

R U L I N G

1. This Application is dated 22nd March, 2016 and seeks orders:-

(1) THAT this Honourable Court be pleased to grant leave to the Plaintiff/Applicant to amend the Plaint herein.

(2) THAT the amended Plaint herein be deemed as properly filed.

(3) THAT the costs of this Application be in cause.

2. The Application is supported by the Affidavit of SAMUEL NTOITI M'MBOROTHI and has the following grounds:-

(a) THAT the Defendant herein County Council of Nyambene is no longer in existence having been rendered defunct by operation of the law.

(b) THAT there is need to Amend the Plaint to bring on board the County Government of Meru which took over Assets and Liabilities of the Defendant herein.

3. As the Application is not opposed, it is allowed.

4. Costs shall be in the cause.

5. It is so ordered.

DELIVERED IN OPEN COURT AT MERU THIS 14TH DAY OF SEPTEMBER, 2016 IN THE PRESENCE OF:-

Nyauchi for the Plaintiff

P.M. NJOROGE

JUDGE