Berano M’Mwithiga M’Arauki v. District Land Adjudication & Settlement Officer Tigania East and West & Others (2014) eKLR

Court
Environment and Land Court at Meru
Category
Civil
Judge(s)
Hon. Lucy N. Mbugua
Judgment Date
June 25, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3





REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
PETITION 5 OF 2014
BERANO M’MWITHIGA M’ARAUKI...............................................PETITIONER
VERSUS
DISTRICT LAND ADJUDICATION &
SETTLEMENT OFFICER TIGANIA EAST AND WEST..............1ST RESPONDENT
THE HON. ATTORNEY GENERAL...........................................2ND RESPONDENT
PETER IMATHIU.......................................................................3RD RESPONDENT
RULING
1. On 25.6.2020 counsel for the 3rd respondent requested this court to mark the case against 3rd respondent as abated since their client died on 14.4.2018. Counsel for petitioner averred that they have already filed a succession citation no. 63 of 2019 which was to be heard on 23.4.2020 but due to covid pandemic it was not heard.
2. Counsel for the 1st and 2nd respondents avers that their client should also be exonerated as they have no interest in the matter.
3. On 13.5.2019, this court was informed that the 3rd respondent died on 14.4.2018. In terms of order 24 rule 4 (3) of the Civil Procedure Rules, the suit against that party has abated. It matters not that the petitioner has filed a citation to bring a representative of 3rd respondent on board this suit. The fact remains that there is no suit hence even with a grant a revival of the suit would be necessary.
4. I desist from making any orders regarding the case against the other respondents at this stage.
5. In the circumstances the suit against 3rd respondent is marked as ABATED.
DATED, SIGNED AND DELIVERED AT MERU THIS 14TH DAY OF JULY, 2020
HON. LUCY. N. MBUGUA
ELC JUDGE
ORDER
The date of delivery of this ruling was given on 25.6.2020 in the presence of advocates for the parties. In light of the declaration of measures restricting court operations due to the COVID-19 pandemic and following the practice directions issued by his Lordship, the Chief Justice dated 17th March, 2020 and published in the Kenya Gazette of 17th April 2020 as Gazette Notice no.3137, this ruling has been delivered to the parties by electronic mail. They are deemed to have waived compliance with order 21 rule 1 of the Civil Procedure Rules which requires that all judgments and rulings be pronounced in open court.
HON. LUCY N. MBUGUA
ELC JUDGE


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