Samson Muthami Ndungu v Murage Karugu Murage & 2 others [2016] KEELC 1087 (KLR)
- Court
- Environment & Land Court
- Case number
- 1087
- Citation
- [2016] KEELC 1087 (KLR)
- Decided
- 9 March 2016
The court finds that the plaintiff has approached the court with unclean hands and discharges the prohibitory orders issued on 2nd June, 2015. The name of the 1st defendant is struck out, and the name of the applicant is added as a defendant.
Facts
The plaintiff filed a suit against Murage Karugu Murage, seeking to add the applicant, Miriam Wanjiku Murage, as a defendant to defend the suit on behalf of the deceased husband. The plaintiff also sought to discharge prohibitory orders issued over the suit property.
Issues
- Service of process on the deceased defendant
- Addition of the applicant as a defendant
- Discharge of prohibitory orders
Reasoning
The court determined that the plaintiff and the process server misled the court regarding service of process, and thus, the plaintiff's application for the discharge of prohibitory orders is dismissed.
Outcome
The prohibitory orders are discharged, and the applicant is added as a defendant.
Orders
- The name of the 1st defendant is struck out of the plaint.
- The name of the applicant is added as a defendant in the suit.
- Warrants of arrests to issue for Simon Ndirangu Ndumia.
- Costs of the application are awarded to the applicant.
Authorities cited
Legislation (1)
- Civil Procedure Rules, 2010
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