[2018] KEELC 4684 (KLR)
The court found that the County Council of Meru South had ceased to exist by operation of law and that its functions, assets, and liabilities had been assumed by the County Government of Tharaka Nithi. Substituting the defunct council with the current county government was necessary to ensure the appeal could be...
Source-derived case information.
- Citation
- [2018] KEELC 4684 (KLR)
- Parties
- Appellant: M’bita Ntiro; Respondent: Mbae Mwirichia; Respondent: County Council of Meru South
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 03 of 2017
- Procedural Posture
- Civil Appeal / Ruling on Interlocutory Application for Substitution and Amendment
- Outcome
- application allowed
- Legal Topics
- Party Substitution, Amendment of Pleadings, Successor Government Entities
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M’bita Ntiro
Appellant
Mbae Mwirichia
Respondent
County Council of Meru South
Respondent
Procedural Posture
Civil Appeal / Ruling on Interlocutory Application for Substitution and Amendment
Legal Issues
- 1 Whether the defunct County Council of Meru South should be substituted with the County Government of Tharaka Nithi as the 2nd respondent.
- 2 Whether leave should be granted to amend the memorandum of appeal to reflect the substitution.
- 3 Whether the substitution and amendment would prejudice any party.
Ratio Decidendi
The court found that the County Council of Meru South had ceased to exist by operation of law and that its functions, assets, and liabilities had been assumed by the County Government of Tharaka Nithi. Substituting the defunct council with the current county government was necessary to ensure the appeal could be properly adjudicated. The court further held that granting leave to amend the memorandum of appeal to reflect this substitution would not prejudice any party and was in the interests of justice and expeditious disposal of the matter. The application was therefore allowed in terms of the prayers sought, specifically substitution of the 2nd respondent, leave to amend the memorandum...
Court Disposition
application allowed
Orders
- The County Council of Meru South is substituted with the County Government of Tharaka Nithi as the 2nd respondent in this appeal.
- Leave is granted to the appellant to amend the memorandum of appeal to reflect the substitution.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CIVIL APPEAL CASE NO 03 OF 2017
FORMERLY MERU ELC [CA]CASE NO. 54 OF 2011
M’BITA NTIRO...........................................................1ST APPELLANT
VERSUS
MBAE MWIRICHIA...............................................1ST RESPONDENT
COUNTY COUNCIL OF MERU SOUTH...........2ND RESPONDENT
RULING
1. This application is dated 7th December, 2016 and seeks orders:-
1. That the 2nd respondent County Council of Meru South be substituted with the County government of THARAKA NITHI as the 2nd respondent in this appeal.
2. That the court be pleased to grant leave to the appellant to amend the memorandum of appeal in this appeal to reflect and accommodate prayer No. 1 herein if so granted.
3. That the draft amended memorandum of appeal filed attached herewith be adopted as the amended memorandum of appeal and the same be deemed as filed and served upon the respondents.
4. Cost of this application be provided for.
2. The application has the following grounds:
a) That the 2nd respondent County Council of Meru South has ceased to exist by operation of law.
b) That the County Government of Tharaka Nithi assumed all the assets, liabilities and functions of the 2nd respondent.
c) That the presence of County Government of Tharaka Nithi in these proceedings will enable the court to effectually and completely adjudicate the issues canvassed between the parties in this appeal.
d) That there is need for the court to order the substitution of County Council Of Meru South with the County Government of Tharaka Nithi to reflect the legal position of this appeal.
e) There is need for the court to grant the appellant leave to amend the memorandum of the appeal to reflect the correct passion (sic) of this appeal.
f) The draft amended memorandum of appeal herewith annexed explains the kind of substitution and amendment envisaged in this application.
g) That no party stand to suffer any prejudice if the orders sought are granted by the court otherwise the orders will go far in sorting out this appeal.
3. The application seeks to facilitate expeditious disposal of this suit by substituting the defunct county council with the present county government.
4. In the circumstances, the application is allowed in terms of prayers 1, 2 and 3.
5. Costs shall be in the cause.
6. It is so ordered.
Delivered in open court at Chuka this 5th day of February, 2018 in the presence of:
Muthamia for the 2nd Respondent
Mugo for the appellant
P. M. NJOROGE,
JUDGE.