[2018] KEELC 2656 (KLR)

[2018] KEELC 2656 (KLR)

The court found that the substitution of the defendant's name from COUNTY COUNCIL OF ISIOLO to COUNTY GOVERNMENT OF ISIOLO was appropriate, as the former had ceased to exist and its legal obligations and rights had devolved to the latter under the law. The application was unopposed and there was no legal impediment...

Source-derived case information.

Citation
[2018] KEELC 2656 (KLR)
Parties
Plaintiff: THE COUNTY COUNCIL OF ISIOLO; Defendant: SHARIFF IBRAHIM FARAH
Court
Environment and Land Court
Court Station
Environment and Land Court at Meru
Jurisdiction
Kenya
Case Number
Environment & Land Case 113 of 2006
Procedural Posture
Miscellaneous Application / Ruling on Substitution Application
Outcome
application allowed; case closed
Legal Topics
Party Substitution, Local Authorities, Successor Government Entities
Source Language
en
Land and Property Party Substitution Local Authorities Successor Government Entities

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Parties

THE COUNTY COUNCIL OF ISIOLO

Plaintiff

SHARIFF IBRAHIM FARAH

Defendant

Procedural Posture

Miscellaneous Application / Ruling on Substitution Application

Legal Issues

  1. 1 Whether the defendant's name should be substituted from COUNTY COUNCIL OF ISIOLO to COUNTY GOVERNMENT OF ISIOLO.

Ratio Decidendi

The court found that the substitution of the defendant's name from COUNTY COUNCIL OF ISIOLO to COUNTY GOVERNMENT OF ISIOLO was appropriate, as the former had ceased to exist and its legal obligations and rights had devolved to the latter under the law. The application was unopposed and there was no legal impediment to granting the orders sought. The court therefore allowed the application as drawn and marked the case as closed.

Court Disposition

application allowed; case closed

Orders

  • The name of the defendant is substituted from COUNTY COUNCIL OF ISIOLO to COUNTY GOVERNMENT OF ISIOLO.
  • The case is marked as closed.