County Council of Tharaka & 1 other v Tharaka North District Land Disputes Tribunal

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU JUDICIAL REVIEW NO. 27 OF 2010 COUNTY COUNCIL OF THARAKA.................................................EX-PARTE APPLICANT COUNTY GOVERNMENT OF THARAKA NITHI........INTENDED EX-PARTE APPLICANT VERSUS THARAKA NORTH DISTRICT LAND DISPUTES TRIBUNAL..................RESPONDENT BERNARD K. NKANGA.......................................................................INTERESTED PARTY AGNES MATIIRA KAMWARA..................APPLICANT/INTENDED INTERESTED PARTY RULING This application which is dated 3rd November, 2014 seeks orders; 1. That the applicant herein be substituted as the Interested Party instead of BERNARD K. NKANGA (now deceased) 2. That the Ex-parte Applicant herein be substituted with the County Government of Tharaka Nithi 3. Costs of the application be costs in the cause. It has the following grounds: i. The interested party herein died on the 25.9.2010 while this suit was still pending ii. That the applicant has been appointed legal representative of the deceased for purposes of continuing with this case. During interpartes hearing the application was not opposed. It is allowed. The Court notes that the suit merited dismissal for want of prosecution as no step had been taken between 1.5.2010 and 28.1.2015. However, in the interest of justice, all parties need to be heard. I issue the following orders: 1. This application is allowed with costs to be in the cause. 2. Ex- parte applicant to obtain instructions within 30 days of today and to file written submissions within 60 days after closure of the period allowed for instructions. 3. All apposite documents in this case to be served upon the Attorney

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