REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU PETITION NO 37 OF 2011 IN THE MATTER OF ALLEGED CONTRAVENTION OF FUNDAMENTAL RIGHTS & FREEDOMS UNDER ARTICLE 40 OF THE CONSTITUTION OF KENYA BETWEEN DISTRICT LAND ADJUDICATION AND DEMARCATION OFFICER TIGANIA WEST.......1ST RESPONDENT ATTORNEY GENERAL....................................... 2ND RESPONDENT JEREMIAH MUGAMBI..........................................3RD RESPONDENT ISAIAH IGWATHU..................................................4TH RESPONDENT MWONGERA WILLIAM.........................................5TH RESPONDENT ELIAS MWENDA M'MINYORI............................. 6TH RESPONDENT AND ROSE MWENDWA MUGAMBI..........................................APPLICANT RULING 1. This application is dated 13th January, 2016. It seeks an order to make Rose Mwenda Mugambi, the applicant , a party to substitute the 3rd defendant, Jeremiah Mugambi. It also prays that costs of the application be in the cause. 2. It is not controverted that the 3rd defendant died on 03/09/2014. 3. To facilitate expeditious disposal of the main suit, I find that the application has merit. 4. In the circumstances, the application is allowed. 5. Costs shall be in the cause. 6. It is so ordered. DELIVERED IN OPEN COURT AT MERU THIS 23RD DAY OF NOVEMBER, 2016 IN THE PRESENCE OF:-
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C.A : James Manases Kariuki h/b Murango Mwenda for Applicants Baithambu h/b Ondari for the Petitioner. P.M. NJOROGE JUDGE
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