Case ID:175959

Times U Sacco Society Limited v Nuru Kithinji Igweta & 2 others [2021] eKLR

Case Metadata

Case Number:

Environment and Land Case E003 of 2021

Parties:

Times U Sacco Society Limited v Nuru Kithinji Igweta , Ludia Kainda & M’Nabea M’Imanyara (sued as the personal representative of the Estate of Thuiruaine Mwitari alias Thirwaine Mwitari

Date Delivered:

26 May 2021

Case Class:

Civil

Court:

Environment and Land Court at Meru

Case Action:

Ruling

Judge(s):

Lucy Ngima Mbugua

Citation:

Times U Sacco Society Limited v Nuru Kithinji Igweta & 2 others [2021] eKLR

Advocates:

Mutuma Joel for the Plaintiff

Muriira for the 3rd Defendant

Court Division:

Environment and Land

County:

Meru

Advocates:

Mutuma Joel for the Plaintiff

Muriira for the 3rd Defendant

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 MERU

ELC NO. E003 OF 2021

TIMES U SACCO SOCIETY LIMITED..........................................PLAINTIFF

VERSUS

NURU KITHINJI IGWETA .................................................1

ST

DEFENDANT

LUDIA KAINDA....................................................................2

ND

DEFENDANT

M’NABEA M’IMANYARA (sued as the personal

representative of the estate of THUIRUAINE MWITARI

alias THIRWAINE MWITARI.............................................3

RD

DEFENDANT

RULING

1. Before me is a Notice Motion dated 23/02/2021 brought pursuant to Order 51 Rule 1, Order 1 Rule 9 and 10 of the Civil Procedure Rules 2010, Article 159 of the Constitution of Kenya, and Section 13, 18 and 19 of the Environmental and Land Court. The applicant is seeking orders to substitute the 3

rd

defendant herein M’NABEA M’IMANYARA erroneously sued as the personal representative of THUIRUAINE MWITARI alias THIRWAINE MWITARI with PAULINE NKURUGUCHU M’TWAMWARI and LUDIA KAINDA. The applicant also prays that forthwith, the 3

rd

defendant represented by his personal representative CHARITY J. M’NABEA be deemed duly withdrawn from the suit.

2. The Application is based on the grounds on the face of it and on the Supporting Affidavit of Joel Mutuma, Advocate for the applicants. He avers that it is prudent that the application be allowed and the suit be withdrawn against the 3

rd

defendant with no costs.

3. The 3

rd

defendant filed a replying affidavit dated 1/03/2021, averring that she was not opposing the application, but she prays for costs.

4. I have carefully perused the application and in the interest of justice the application dated 23/02/2021 ought to be be allowed. On costs, I have taken into consideration that it was the plaintiff’s mistake to sue the 3

rd

defendant as admitted in paragraph 2 of the supporting affidavit, but this admission has been done at an early stage. I therefore condemn the plaintiff to pay half costs to the 3

rd

defendant.

DATED, SIGNED AND DELIVERED VIA MICROSOFT TEAMS AT MERU THIS 26

TH

DAY OF MAY, 2021 IN PRESENCE OF:

C/A: Kananu

Mutuma Joel for plaintiff

Muriira for 3

rd

defendant

HON. LUCY. N. MBUGUA

ELC JUDGE