Case ID:163156

Berano M’mwithiga M’arauki v District Land Adjudication & Settlement Officer Tigania East And West & 2 others[2020] eKLR

Case Metadata

Case Number:

Petition 5 of 2014

Parties:

Berano M’mwithiga M’arauki v District Land Adjudication & Settlement Officer Tigania East And West, Attorney General & Peter Imathiu

Date Delivered:

14 Jul 2020

Case Class:

Civil

Court:

Environment and Land Court at Meru

Case Action:

Ruling

Judge(s):

Lucy Ngima Mbugua

Citation:

Berano M’mwithiga M’arauki v District Land Adjudication & Settlement Officer Tigania East And West & 2 others[2020] eKLR

Court Division:

Environment and Land

County:

Meru

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

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..............1

ST

RESPONDENT

THE HON. ATTORNEY GENERAL...........................................2

ND

RESPONDENT

PETER IMATHIU.......................................................................3

RD

RESPONDENT

RULING

1. On 25.6.2020 counsel for the 3

rd

respondent requested this court to mark the case against 3

rd

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 1

st

and 2

nd

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 3

rd

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 3

rd

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 3

rd

respondent is marked as

ABATED.

DATED, SIGNED AND DELIVERED AT MERU THIS 14

TH

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 17

th

March, 2020 and published in the Kenya Gazette of 17

th

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