[2016] KEHC 4497 (KLR)
The court found that since the Municipal Council of Meru is defunct, it is necessary and proper to substitute it with its legal successor, the County Government of Meru, to ensure the proceedings are maintained against the correct party. The application was unopposed, and the court exercised its discretion to allow...
Source-derived case information.
- Citation
- [2016] KEHC 4497 (KLR)
- Parties
- Applicant: Republic; Respondent: Municipal Council of Meru; Applicant: Isabella Mwendwa M'angaine; Interested Party: Julius Bundi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 84 of 2011
- Procedural Posture
- Miscellaneous Application / Ruling on Substitution Application
- Outcome
- application allowed
- Judges
- FM Njoroge
- Legal Topics
- Judicial Review, Certiorari, Substitution of Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Municipal Council of Meru
Respondent
Isabella Mwendwa M'angaine
Applicant
Julius Bundi
Interested Party
Procedural Posture
Miscellaneous Application / Ruling on Substitution Application
Legal Issues
- 1 Whether the defunct Municipal Council of Meru should be substituted with the County Government of Meru as respondent.
- 2 Whether costs should be provided for the application.
Ratio Decidendi
The court found that since the Municipal Council of Meru is defunct, it is necessary and proper to substitute it with its legal successor, the County Government of Meru, to ensure the proceedings are maintained against the correct party. The application was unopposed, and the court exercised its discretion to allow the substitution in the interests of justice and procedural propriety.
Court Disposition
application allowed
Orders
- The Municipal Council of Meru is substituted with the County Government of Meru as respondent.
- Costs to be provided for.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
MISCELLAENOUS APPLICATION 84 OF 2011
IN THE MATTER OF AN APPLICATION BY ISABELLA MWENDWA M'ANGAINE FOR LEAVE TO APPLY FOR ORDERS OF CERTIORARI
AND
IN THE MATTER OF THE SECTION 8 AND 9 OF THE LAW REFORMS ACT CAP 26 LAWS OF KENYA
AND
IN THE MATTER OF THE PROCEEDING AND THE DECISION/RECOMMENDATIONS OF THE MUNICIPAL COUNCIL OF MERU DATED 13TH JUNE, 2011
AND
IN THE MATTER OF THE MUNICIPAL COUNCIL OF MERU PLOT NUMBERS BP/MCM/16 (7) AND 23 (17)
BETWEEN
REPUBLIC ….....................................................................................APPLICANT
VERSUS
MUNICIPAL COUNCIL OF MERU......................................................RESPONDENT
JULIUS BUNDI.........................................................................INTERESTED PARTY
EX-PARTE …........................................................................ISABELLA MWENDWA
R U L I N G
This application is dated 13/05/2016 and seeks orders:-
1. THAT this Hononourable Court be pleased to substitute the erstwhile defunct respondent herein Municipal Council of Meru with the County Government of Meru.
2. That costs be provided for.
The application is supported by the Affidavit of JACQUILINE NELIMA and has the following grounds:-
a. THAT the respondent is now defunct.
b. That it is therefore necessary to substitute the respondent with its successor , The County Government of Meru.
During Interpartes hearing on 16/05/2016 it transpired that the application was not opposed. In the circumstances, It is allowed.
It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 16TH DAY OF MAY, 2016 IN THE PRESENCE OF:-
CC: Lilian /Daniel
Nelima for the Applicant
Ojiambo h/b Mwanzia for the Interested Party
P.M. NJOROGE
JUDGE