DAVID MBURU GATHAIYA v MUNCIPAL COUNCIL OF NAKURU [2007] KEHC 635 (KLR)

Facts

The Plaintiff, David Mburu Gathaiya, sought leave to appeal against an order dismissing his application for garnishee orders. The Defendant, Municipal Council of Nakuru, sought to set aside a garnishee order nisi issued in favor of the Plaintiff. Additionally, the Plaintiff sought to substitute David Mburu Kamau in place of the deceased Plaintiff.

Issues

1. Appeal of the order dismissing the garnishee order application
2. Substitution of the Plaintiff

Reasoning

The court dismissed the appeal application due to the applicant's dissatisfaction with the order and his intention to appeal, but also noted that the applicant could not himself swear the affidavit. The substitution application was opposed by the Defendant on the grounds that the applicant could not be substituted.

Outcome

Dismissed with costs