[2016] KEHC 2914 (KLR)
The court found that the County Council of Nyambene is no longer in existence and that the County Government of Meru has taken over its assets and liabilities. Since the application to amend the plaint was not opposed and is necessary to bring the proper party before the court, leave to amend was granted. The court...
Source-derived case information.
- Citation
- [2016] KEHC 2914 (KLR)
- Parties
- Applicant: Samuel Ntoiti M'Mborothi; Respondent: The County Council of Nyambene
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 8 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Amend Plaint
- Outcome
- application allowed
- Judges
- FM Njoroge
- Legal Topics
- Amendment of Pleadings, Joinder of Parties, Successor Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Ntoiti M'Mborothi
Applicant
The County Council of Nyambene
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Amend Plaint
Legal Issues
- 1 Whether the plaintiff/applicant should be granted leave to amend the plaint to substitute the defunct County Council of Nyambene with the County Government of Meru.
- 2 Whether the amended plaint should be deemed as properly filed.
Ratio Decidendi
The court found that the County Council of Nyambene is no longer in existence and that the County Government of Meru has taken over its assets and liabilities. Since the application to amend the plaint was not opposed and is necessary to bring the proper party before the court, leave to amend was granted. The court exercised its discretion in favour of the applicant to ensure that the real issues in controversy are determined and that the proceedings are not rendered nugatory by the non-existence of the original defendant.
Court Disposition
application allowed
Orders
- Leave is granted to the plaintiff/applicant to amend the plaint.
- The amended plaint is deemed as properly filed.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ENVIRONMENTAL AND LAND CASE NO. 8 OF 2016
FORMALLY
MAUA CMCC NO 325 OF 2010
SAMUEL NTOITI M'MBOROTHI..................................PLAINTIFF/APPLICANT
VERSUS
THE COUNTY COUNCIL OF NYAMBENE..............DEFENDANT/RESPONDENT
R U L I N G
1. This Application is dated 22nd March, 2016 and seeks orders:-
(1) THAT this Honourable Court be pleased to grant leave to the Plaintiff/Applicant to amend the Plaint herein.
(2) THAT the amended Plaint herein be deemed as properly filed.
(3) THAT the costs of this Application be in cause.
2. The Application is supported by the Affidavit of SAMUEL NTOITI M'MBOROTHI and has the following grounds:-
(a) THAT the Defendant herein County Council of Nyambene is no longer in existence having been rendered defunct by operation of the law.
(b) THAT there is need to Amend the Plaint to bring on board the County Government of Meru which took over Assets and Liabilities of the Defendant herein.
3. As the Application is not opposed, it is allowed.
4. Costs shall be in the cause.
5. It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 14TH DAY OF SEPTEMBER, 2016 IN THE PRESENCE OF:-
Nyauchi for the Plaintiff
P.M. NJOROGE
JUDGE