[2016] KEHC 7995 (KLR)
The court found that the applicants had demonstrated their status as administrators of the deceased defendant's estate by producing the death certificate and grant of letters of administration. Since the application was unopposed and the law allows for substitution or joinder of legal representatives upon the death...
Source-derived case information.
- Citation
- [2016] KEHC 7995 (KLR)
- Parties
- Plaintiff: Abdirahman Ali Muhamud; Defendant: Nyokabi Mohamed; Applicant: Nasra Nyokabi Mohamed; Applicant: George Thiongo Mburu; Applicant: Patrick Chege Mburu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 112 of 2016
- Procedural Posture
- Civil Case / Ruling on Application for Joinder of Parties
- Outcome
- Application allowed. Applicants joined as 2nd, 3rd, and 4th defendants.
- Judges
- BT Jaden
- Legal Topics
- Joinder of Parties, Administration of Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdirahman Ali Muhamud
Plaintiff
Nyokabi Mohamed
Defendant
Nasra Nyokabi Mohamed
Applicant
George Thiongo Mburu
Applicant
Patrick Chege Mburu
Applicant
Procedural Posture
Civil Case / Ruling on Application for Joinder of Parties
Legal Issues
- 1 Whether the administrators of the deceased defendant's estate should be joined as parties to the suit.
Ratio Decidendi
The court found that the applicants had demonstrated their status as administrators of the deceased defendant's estate by producing the death certificate and grant of letters of administration. Since the application was unopposed and the law allows for substitution or joinder of legal representatives upon the death of a party, the court held that the administrators should be joined as defendants to enable the suit to proceed effectively and justly.
Court Disposition
Application allowed. Applicants joined as 2nd, 3rd, and 4th defendants.
Orders
- The administrators of the estate of the late Nyokabi Mungai, namely Nasra Nyokabi Mohamed, George Thiongo Mburu, and Patrick Chege Mburu, are joined as the 2nd, 3rd, and 4th defendants in this suit.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL DIVISION
CIVIL CASE NO. 112 OF 2016
ABDIRAHMAN ALI MUHAMUD...........................PLAINTIFF/RESPONDENT
VERSUS
NYOKABI MOHAMED............................................................DEFENDANT
NASRA NYOKABI MOHAMED........................2ND INTENDED DEFENDANT)
GEORGE THIONGO MBURU....3RD INTENDED DEFENDANT) APPLICANTS
PATRICK CHEGE MBURU.............................4TH INTENDED DEFENDANT)
(Suing as the administrators of the estate of the late Rahab Nyokabi Mungai Alias Nyokabi D/S Mungai Alias Rahab Nyokabi)
RULING
1. The application dated 20th May, 2016 principally seeks orders.
that this Honourable court be pleased to order the joinder of Nasra Nyokabi Mohamed, George Thiongo Mburu and Patrick Chege Mburu (the Administrators of the estate of the late Nyokabi Mungai) sued herein as the defendant as the 2nd, 3rd and 4th Defendants in this suit.
2. According to the affidavit in support, the applicants are the Administrators of the estate of the defendant, Nyokabi Mungai who passed away on 3rd July, 2015. The death certificate and the grant of letters of administration have been exhibited.
3. The application was not opposed. No papers in opposition to the application were filed by the plaintiff/respondent or by the firm of Waruhiu K’owade & Nganga & Co. Advocates who are alleged to have purported to act for the deceased defendant.
4. The application has merits and is allowed as prayed.
5. Dated, signed and delivered at Nairobi this 28th day of July ,2016
B THURANIRA JADEN
JUDGE