REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC CASE NO. 153 OF 2017
ESTHER KAMATHI MWIMBI (Suing as the administratrix
of the estate of ROMANO MWIMBI)-Deceased.........PLAINTIFF
VERSUS
ZAVERIO MITHIKA.....................................................DEFENDANT
R U L I N G
This ruling is in respect of the application made to have the Replying Affidavit of 19.07.17 expunged as it was filed outside the period given by the Court on 12.06.17. On 12.06.17, Mwanzia Advocate had informed the Court that he needed 21 days. The Court gave them 14 days. The Replying Affidavit was hence filed even outside the 21 days period. This averment that defendant was ailing doesn't hold as no Supporting documents have been availed. As such the Replying Affidavit is hereby expunged from the Record (See Section 1A of the Civil Procedure Act) as issue of compliance with Court's directions.
DELIVERED, DATED AND SIGNED AT MERU THIS 19TH DAY OF JULY , 2017
IN THE PRESENCE OF:-
C:A Janet
Carlpeters Mbaabu for the Plaintiff/Applicant
Muia Mwanzia for the Defendant /Respondent
HON. L.N. MBUGUA
ELC JUDGE