[2015] KEHC 3327 (KLR)
The court found that the application was facilitative and necessary to bring the proper party, Meru County Government, into the proceedings in place of the defunct Nyambene County Council. The substitution was not opposed and was required for the just determination of the pending appeal. The court exercised its...
Source-derived case information.
- Citation
- [2015] KEHC 3327 (KLR)
- Parties
- Appellant: Samson Kimana; Respondent: Daniel Muyuri; Respondent: Nyambene County Council; Respondent: Meru County Government
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 93 of 2009
- Procedural Posture
- Civil Appeal / Ruling on Interlocutory Application for Substitution of Party
- Outcome
- application allowed
- Legal Topics
- Party Substitution, Successor in Title, Amendment of Pleadings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samson Kimana
Appellant
Daniel Muyuri
Respondent
Nyambene County Council
Respondent
Meru County Government
Respondent
Procedural Posture
Civil Appeal / Ruling on Interlocutory Application for Substitution of Party
Legal Issues
- 1 Whether Meru County Government should be substituted for Nyambene County Council as the 2nd Respondent.
- 2 Whether the pleadings should be amended to reflect the substitution.
- 3 Whether the annexed Memorandum of Appeal should be deemed duly filed upon payment of requisite fees.
Ratio Decidendi
The court found that the application was facilitative and necessary to bring the proper party, Meru County Government, into the proceedings in place of the defunct Nyambene County Council. The substitution was not opposed and was required for the just determination of the pending appeal. The court exercised its discretion to allow the substitution and amendment of pleadings, holding that such procedural steps are essential to ensure that the real issues in controversy are adjudicated upon and that justice is served.
Court Disposition
application allowed
Orders
- Meru County Government is substituted in place of Nyambene County Council as the 2nd Respondent.
- The pleadings are to be amended accordingly.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL APPEAL NO 93 OF 2009
SAMSON KIMANA........................................APPELLANT
VERSUS
DANIEL MUYURI …...........................................1st RESPONDENT
NYAMBENE COUNTY COUNCIL.........................2nd RESPONDENT
R U L I N G
This application is dated 25th July, 2014 and seeks Orders:-
THAT the Appellant be granted leave to substitute MERU COUNTY GOVERNMENT in place of NYAMBENE COUNTY COUNCIL as the 2nd Respondent.
THAT the pleadings be accordingly amended.
THAT the annexed Memorandum of Appeal herein be deemed as duly filed upon payment of requisite fees.
THAT the costs of this application be in cause.
It is supported by the affidavit of SAMSON KIMANAA and has the following grounds:-
THAT the 2nd Respondent NYAMBENE COUNTY COUNCIL is defunct.
THAT MERU COUNTY GOVERNMENT is the successor to the NYAMBENE COUNTY COUNCIL.
THAT the appeal at hand is still pending in court and requires to be dispensed with.
THAT it is in the interest of Justice that this Application be allowed.
When the Application came up for directions on 2nd July, 2015, the 1st Respondent told the Court that he did not oppose it.
I find that the Application is merely facilitative in order to bring the County Government of Meru into the suit in the place of the County Council of Nyambene. In the circumstances, the Application is allowed with costs to be in the cause.
Delivered in Open Court at Meru this 2nd day of July, 2015 in the presence of:-
CC: Daniel/Lilian
Carlpeters Mbaabu holding brief Miss Mutinda for Appellant
Mutura for 1st Respondent
P.M.NJOROGE
JUDGE