[2020] KEELC 283 (KLR)
The court found that the applicant had provided a copy of the limited grant, thereby satisfying the legal requirement for appointment as a legal representative of the deceased 3rd plaintiff. There was no opposition or evidence to the contrary. The application was therefore merited and allowed. The court further...
Source-derived case information.
- Citation
- [2020] KEELC 283 (KLR)
- Parties
- Applicant: Gidiel Kimathi Kithure & 2 Others; Respondent: Eliyah Jinyua Bariu; Applicant: Seberina Kaario Karuti
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 7 (B) of 2012
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Appointment of Legal Representative
- Outcome
- application allowed
- Legal Topics
- Appointment of Legal Representative, Limited Grant, Priority Hearing, Old Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gidiel Kimathi Kithure & 2 Others
Applicant
Eliyah Jinyua Bariu
Respondent
Seberina Kaario Karuti
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Application for Appointment of Legal Representative
Legal Issues
- 1 Whether the applicant should be appointed as the legal representative of the deceased 3rd plaintiff.
- 2 Whether the application is merited based on the evidence provided.
Ratio Decidendi
The court found that the applicant had provided a copy of the limited grant, thereby satisfying the legal requirement for appointment as a legal representative of the deceased 3rd plaintiff. There was no opposition or evidence to the contrary. The application was therefore merited and allowed. The court further noted the age of the case and directed that it be heard on a priority basis to avoid further delay.
Court Disposition
application allowed
Orders
- The applicant is appointed as the legal representative of the 3rd plaintiff, Samuel Karuti M’Muceke (deceased).
- The case is to be heard on a priority basis.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MERU
ELC (O.S) CASE NO. 7 (B) OF 2012
GIDIEL KIMATHI KITHURE & 2 OTHERS........................................APPLICANT
VERSUS
ELIYAH JINYUA BARIU....................................................................RESPONDENT
SEBERINA KAARIO KARUTI..............................................................APPLICANT
RULING
Vide a notice of motion dated 24. 2. 2015, the applicant is seeking orders to be appointed as the legal representative of the 3rd plaintiff, Samuel Karuti M’Muceke (deceased). The applicant has availed a copy of the limited grant. I therefore find that the application is merited and the same is allowed with no orders as to costs. However, this case is old and I direct that the same be heard on priority basis.
DATED, SIGNED AND DELIVERED AT MERU THIS 14TH DAY OF DECEMBER, 2020
HON. LUCY. N. MBUGUA
ELC JUDGE
ORDER
The date of delivery of this Ruling was given via a notice dated 7. 12. 2020. In light of the declaration of measures restricting court operations due to the COVID-19 pandemicand following the practice directions issued by his Lordship, the Chief Justice dated 17th March, 2020 and published in the Kenya Gazette of 17th April 2020 as Gazette Notice no.3137, this Ruling has been delivered to the parties by electronic mail. They are deemed to have waived compliance with order 21 rule 1 of the Civil Procedure Rules which requires that all judgments and rulings be pronounced in open court.
HON. LUCY N. MBUGUA
ELC JUDGE