County Council of Tharaka & another v Tharaka North District Land Disputes Tribunal & 2 others [2015] KEHC 3937 (KLR)
- Court
- High Court of Kenya
- Case number
- 3937
- Citation
- [2015] KEHC 3937 (KLR)
- Decided
- 23 April 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for substitution and costsCoramJ. G. Gitonga, P. M. NJOROGE
Holding
The application is allowed with costs to be in the cause.
Facts
The application was filed by the County Council of Tharaka on November 3, 2014, seeking to substitute the applicant as the Interested Party instead of Bernard K. Nkanga, who had died on September 25, 2010, while the suit was pending. The applicant was appointed as the legal representative of the deceased for the continuation of the case.
Issues
- Substitution of the applicant as the Interested Party
- Substitution of the Ex-parte Applicant with the County Government of Tharaka Nithi
- Costs of the application
Reasoning
The court allowed the application due to the death of the interested party and the appointment of the applicant as his legal representative. The court also issued orders for the substitution of the applicant and the Ex-parte Applicant, and for the filing of written submissions.
Outcome
Allowed
Orders
- This application is allowed with costs to be in the cause.
- 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.
- All apposite documents in this case to be served upon the Attorney General, on behalf of the Respondent, the defunct Tharaka North District Land Disputes Tribunal.
- The Interested Party and the AG to file written submissions within 30 days after service of the Exparte Applicant's submissions.
- Mention to confirm filing of submissions on 14th July, 2015.
Remedies
- Substitution of the applicant as the Interested Party
- Substitution of the Ex-parte Applicant with the County Government of Tharaka Nithi
- Costs of the application
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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