[2014] KEHC 2507 (KLR)

[2014] KEHC 2507 (KLR)

The court found that the application for substitution was merited as the County Council of Isiolo had ceased to exist and was succeeded by the County Government of Isiolo pursuant to changes in law. Since the application was not opposed, and the substitution was necessary for the proper continuation of proceedings,...

Source-derived case information.

Citation
[2014] KEHC 2507 (KLR)
Parties
Applicant: Okero Gilbert Ombachi practising as G. O Ombachi & Co. Advocates; Respondent: County Council of Isiolo
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Application 88 of 2013
Procedural Posture
Miscellaneous Application / Ruling on Substitution Application
Outcome
Application allowed as prayed.
Judges
FM Njoroge
Legal Topics
Party Substitution, Costs in Cause
Source Language
en
Civil Procedure Party Substitution Costs in Cause

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Parties

Okero Gilbert Ombachi practising as G. O Ombachi & Co. Advocates

Applicant

County Council of Isiolo

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Substitution Application

Legal Issues

  1. 1 Whether the County Council of Isiolo should be substituted with the County Government of Isiolo as respondent.
  2. 2 Whether costs of the application should be in the cause.

Ratio Decidendi

The court found that the application for substitution was merited as the County Council of Isiolo had ceased to exist and was succeeded by the County Government of Isiolo pursuant to changes in law. Since the application was not opposed, and the substitution was necessary for the proper continuation of proceedings, the court allowed the application and ordered that costs be in the cause.

Court Disposition

Application allowed as prayed.

Orders

  • The County Council of Isiolo is substituted with the County Government of Isiolo as respondent.
  • Costs of the application to be in the cause.