Case ID:173879

Robert Mukembu Meeni v Mutugi Cimba & 2 others [2021] eKLR

Case Metadata

Case Number:

Environment & Land Appeal E003 of 2020

Parties:

Robert Mukembu Meeni v Mutugi Cimba, Nyaga Kiira & Mugiira Kiria

Date Delivered:

21 Apr 2021

Case Class:

Civil

Court:

Environment and Land Court at Chuka

Case Action:

Ruling

Judge(s):

Peter Muchoki Njoroge

Citation:

Robert Mukembu Meeni v Mutugi Cimba & 2 others [2021] eKLR

Advocates:

Muthoni Mboi h/b J.G. Gitonga for the Appellant

Mark Muriithi for the 1st Respondent

Court Division:

Environment and Land

County:

Tharaka Nithi

Advocates:

Muthoni Mboi h/b J.G. Gitonga for the Appellant

Mark Muriithi for the 1st Respondent

History Advocates:

One party or some 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

ENVIRONMENT & LAND APPEAL NO. E003 OF 2020

ROBERT MUKEMBU MEENI....................................................APPELLANT

-VERSUS-

MUTUGI CIMBA..................................................................1

ST

RESPONDENT

NYAGA KIIRA .....................................................................2

ND

RESPONDENT

MUGIIRA KIRIA.................................................................3

RD

RESPONDENT

RULING

1. This application is dated

13

th

April, 2021

and seeks orders:

1.THAT

the firm of Basilio Gitonga, Muriithi & Associates Advocates be granted leave to come on record in this matter in place of the firm of D.J. MBAYA & CO. ADVOCATES for the 1

st

Respondent.

2.THAT

costs of this application be in the cause.

2. The application has the following grounds:

1.THAT

the instant Appeal emanates for the decision of the lower court in MARIMANTI SPM ELC CASE NO. 13 OF 2017.

2.THAT

a final judgment has been rendered in the Lower Court matter.

3.THAT

the 1

st

Respondent was represented by the firm of D.J. MBAYA & CO. ADVOCATES in the proceedings before the Lower Court.

4.THAT

the 1

st

Respondent is desirous of instructing another firm of Advocates in place of his former Advocates and hence this application.

5.THAT

no party will suffer prejudice in the event the instant application is allowed.

3. The application is supported by the affidavit of advocate Mark Muriithi which states:

I,

MARK MURITHI

an adult male person of sound mind and of P.O. BOX 1491-60200, MERU do hereby make oath and state as follows:-

1.

THAT

I am an Advocate of the High court of Kenya practicing as such in the firm of Basilio Gitonga, Muriithi & Associates Advocates.

2.

THAT

the 1

st

Respondent has approached me seeking legal representation in this matter in place of D.J. MBAYA & CO. ADVOCATES.

3.

THAT

efforts to procure a consent from the firm of D.J. MBAYA & CO. ADVOCATES for purposes of change of advocates have been futile.

4.

THAT

the instant application is a mandatory prerequisite in accordance with the provisions of the law.

5.

THAT

this application is designed to serve the course of justice.

6.

THAT

I depose to the foregoing believing the same to be true and accurate to the best of my knowledge, belief and understanding.

4. I find that the application is meritorious.

5. Prayers 1 and 2 in the application are allowed.

WRITTEN AND DELIVERED IN OPEN COURT AT CHUKA THIS 21ST DAY OF APRIL, 2021

in the presence of:

CA: Ndegwa

Muthoni Mboi h/b J.G. Gitonga for the Appellant

Mark Muriithi for the 1

st

Respondent

Otieno for 2

nd

and 3

rd

Respondents absent

P. M. NJOROGE,

JUDGE.