RULING
- The court has considered the application dated 16th December, 2024 and the submissions by the parties.
- The Applicant has submitted that he has an interest in the suit properties which form part of the assets of the late Samuel Waweru Mugo.
- The applicants have attached a copy of the Grant of letters of Administration issued on the 7th February, 2024.
- The court has perused the Grant by the Applicants and/or Intended Defendants and the Green Cards attached by the Plaintiff and notes that indeed the person registered in the Green Cards is Samuel Waweru Mugo.
- It is the Court’s view that the Applicants have an interest in the suit properties as the administrators of the Late Samuel Waweru Mugo and are therefore joined in this suit as the 4th, 5th and 6th Defendant.
- The Plaintiff is directed to serve the Originating Summons and all other documents on the counsel for the 4th – 6th Defendants within 7 days from today’s date.
- Similarly, the Plaintiff is directed to amend the Originating Summons dated 27th September, 2024 and include the name of the 4th – 6th Defendants within the next 7 days.
- The 4th -6th Defendants are granted leave of 14 days upon service by the O.S to prepare, file and serve their responses.
- The matter will be mentioned on 20th March, 2025 to confirm compliance and take further directions.
DATED, SIGNED & DELIVERED Virtually in Eldoret ELC Court on 18TH FEBRUARY 2025.
IN THE PRESENCE OF;
Court Assistant: Brian
Counsel for Plaintiff: Dr. Chebii for Plaintiff/Respondent
Counsel for Defendant: Mr. Mwinamo for the Applicant and Intended Defendant
No appearance for 1st – 3rd Defendant/Respondent