Case ID:166502

Fridah Kanja Muthaura (Suing as the personal representative of the Estate of Munene Mugo Ncacu (Deceased) v Elias Micheni Mugo & another [2020] eKLR

Case Metadata

Case Number:

Environment and Land Case 10 of 2020

Parties:

Fridah Kanja Muthaura (Suing as the personal representative of the Estate of Munene Mugo Ncacu (Deceased) v Elias Micheni Mugo & Bernard Muriithi Mugo

Date Delivered:

17 Nov 2020

Case Class:

Civil

Court:

Environment and Land Court at Chuka

Case Action:

Ruling

Judge(s):

Peter Muchoki Njoroge

Citation:

Fridah Kanja Muthaura (Suing as the personal representative of the Estate of Munene Mugo Ncacu (Deceased) v Elias Micheni Mugo & another [2020] eKLR

Advocates:

Mark Murithi h/b Nyamu Nyaga for the defendant

Mageto for the plaintiff

Court Division:

Environment and Land

County:

Tharaka Nithi

Advocates:

Mark Murithi h/b Nyamu Nyaga for the defendant

Mageto for the plaintiff

History Advocates:

Both Parties Represented

Case Outcome:

Application allowed

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 CHUKA

CHUKA ELC CASE NO. 10 OF 2020

FRIDAH KANJA MUTHAURA (Suing as the personal representative of the Estate of

MUNENE MUGO NCACU (DECEASED)..............................................................PLAINTIFF

VERSUS

ELIAS MICHENI MUGO...............................................................................1

ST

DEFENDANT

BERNARD MURIITHI MUGO.....................................................................2

ND

DEFENDANT

RULING

1. The application is dated 23

rd

October, 2012 and the applicant states that they have brought it to court under Order 8 Rules 3(1), (2), (3), 5(1) and 7(1)(2) and (3) of the Civil Procedure Rules 2010. It seeks the following orders:

1. THAT the defendants/applicants be granted leave to amend their 1

st

and 2

nd

defendants’ statement of defence out of time in terms of the annexed draft amended 1

st

and 2

nd

defendants’ statement of defence.

2. THAT upon granting prayer No. 1 hereinabove, the plaintiff/respondent be at liberty to file an amended plaint and/or file a reply to the amended 1

st

and 2

nd

defendants’ statement of defence.

3. THAT costs of this application be in the cause.

2. The application is supported by the affidavit of Elias Micheni Mugo, the 1

st

defendant and has the following grounds;

1. The defendants/applicants filed their defence in this case on 15/10/2020.

2. It has come to the knowledge of the defendants/applicants that there exists a minor typing error in

paragraph 21

of the 1

st

and 2

nd

defendants’ statement of defence in that the correct year in the said paragraph should be

January 2009

and

not January 2008.

3. No prejudice will be occasioned to the plaintiff/respondent if this application is allowed because she will be at liberty to amend her plaint and/or file a reply to the amended 1

st

and 2

nd

defendants’ statement of defence.

4. It is only just and fair that the application be allowed.

3. On 4

th

November, 2020, the parties asked the court to adopt their consent dated 27

th

October, as an order of the court. The consent is in the following terms;

TO THE DEPUTY REGISTRAR

ENVIRONMENT AND LAND COURT

CHUKA LAW COURT

CHUKA

We shall be grateful if you kindly record the following consent.

“BY CONSENT”

1. The Defendants’ Application dated 23

rd

October, 2020 be and is hereby allowed with no Orders as to Costs.

2. The Defendants do file and serve the Amended Defence within 7 days.

3. The Plaintiff to file and serve a reply to Amended Defence within 3 days of service of the Amended Defence.

DATED at NAIROBI this 27

th

day of October, 2020.

M’NJAU & MAGETO NYAMU NYAGA

ADVOCATE FOR THE PLAINTIFF ADVOCATE FOR THE DEFENDANT

4.The consent is signed by the advocates representing the parties.

5.Their consent is adopted as an order of this court.

Delivered in open Court at Chuka this 17

th

day of November, 2020

in the presence of;

CA: Ndegwa

Mark Murithi h/b Nyamu Nyaga for the defendant.

Mageto for the plaintiff.

P. M. NJOROGE,

JUDGE.