M'arichia Mwithiga Kirigia v Romano Muthengi Nduyo & 2 others

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU CIVIL CASE NO. 65 OF 2008. M'ARICHIA MWITHIGA KIRIGIA........................................................................................PLAINTIFF VERSUS ROMANO MUTHENGI NDUYO..............................................................................1ST DEFENDANT KATHENYA KANYAKA............................................................................................2nd DEFENDANT LANDS ADJUDICATION & SETTLEMENT OFFICER,THARAKA NITHI...........3RD DEFENDANT RULING This application is dated 18th February, 2016 and seeks orders:1. THAT the application be certified urgent and it be heard on priority basis. 2. THAT the Plaintiff/Applicant be granted leave to amend his plaint, in terms of the annexed draft amended plaint, to amongst others, correct the name of the 2nd defendant to read JAMES MUCHOKA KATHENYA. 3. THAT costs of this application be in the cause. It is supported by the affidavit of M'Arichia Mwithiga Kirigia, the applicant, and has the following grounds:i. THAT the name used to describe the 2nd defendant is that of his father. ii. THAT the Plaintiff/Applicant needs leave of Court to amend the plaint to properly plead the correct name of the 2nd defendant to read JAMES MUCHOKA KATHENYA. iii. THAT the said JAMES MUCHOKA KATHENYA has filed a letter herein and is a necessary party in this case. iv. THAT the application is made in utmost good faith and in the interest of justice, court has absolute discretion to grant the relief sought. since the During the day fixed for Interpartes hearing (today), it transpired that the application was not opposed. In the circumstances, the application is allowed.

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