Diocese of Meru Trustees Registered v County Council of Tharaka & 1 other

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU CIVIL SUIT NO 162 OF 201O DIOCESE OF MERU TRUSTEES REGISTERED.............................................RESPONDENT/PLAINTIFF VERSUS COUNTY COUNCIL OF THARAKA..................................DEFENDANT THARAKA NITHI COUNTY GOVERMENT ........................APPLICANT RULING This application is dated 23/09/2015 and seeks orders:1. That the applicant herein Tharaka Nithi County Government, be substituted as the defendant herein in place of the Tharaka County Council. 2. Costs be in the cause. It is buttressed by the affidavit of Charles Kathenya and has the following grounds:I. The suit was commenced against the then Tharaka County Council. II. Tharaka County Council has ceased to exist by operation of law. III. That the Tharaka Nithi County Government took over all the assets of the County Council. On 03/11/2015, the parties, by Consent agreed to have the application allowed. I note that the application is meant to facilitate the inclusion of Tharaka Nithi County Government in this suit. This is a necessary imperative so that the suit can accord with the new Constitutional dispensation as dictated by the Constitution of Kenya, 2010. The application is allowed. Cost shall be in cause. Delivered in open Court at Meru this 3rd November, 2015 in the presence of:CC: Lilian/Daniel

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