[2018] KEELC 970 (KLR)
The court found that Maheshkumar Maganlal Meghji Shah, as a partner and co-owner of the suit property and a party to the lease with the defendant, had sufficient interest to be substituted as plaintiff in place of the deceased Babubhai M. Shah. The court noted that the defendant failed to demonstrate any actual...
Source-derived case information.
- Citation
- [2018] KEELC 970 (KLR)
- Parties
- Plaintiff: Babubhai M. Shah T/A Maganlal Meghji Shah & Partners; Defendant: M & M Science Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 396 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Substitution of Plaintiff Due to Death
- Outcome
- application allowed
- Judges
- AK Bor
- Legal Topics
- Substitution of Parties, Letters of Administration, Partnership Disputes, Lease Agreements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Babubhai M. Shah T/A Maganlal Meghji Shah & Partners
Plaintiff
M & M Science Limited
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Substitution of Plaintiff Due to Death
Legal Issues
- 1 Whether Maheshkumar Maganlal Meghji Shah should be substituted as plaintiff in place of the deceased Babubhai M. Shah.
- 2 Whether the absence of a partnership deed or proof of administration of the deceased's estate precludes substitution.
- 3 Whether the defendant will suffer prejudice if substitution is allowed.
Ratio Decidendi
The court found that Maheshkumar Maganlal Meghji Shah, as a partner and co-owner of the suit property and a party to the lease with the defendant, had sufficient interest to be substituted as plaintiff in place of the deceased Babubhai M. Shah. The court noted that the defendant failed to demonstrate any actual prejudice that would result from the substitution. The absence of a partnership deed or proof of administration was not fatal to the application, given the documentary evidence of ownership and the lease. The court exercised its discretion to allow the substitution to ensure the suit could proceed to determination on its merits.
Court Disposition
application allowed
Orders
- Maheshkumar Maganlal Meghji Shah is substituted as plaintiff in place of Babubhai M. Shah (deceased).
- The plaintiff is directed to file and serve the amended plaint within 14 days.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAIROBI
MILIMANI LAW COURTS
E.L. C. NO. 396 OF 2014
BABUBHAI M. SHAH T/A MAGANLAL MEGHJI SHAH & PARTNERS...........PLAINTIFF
VERSUS
M & M SCIENCE LIMITED......................................................................................DEFENDANT
RULING
The application dated 14th December 2017 seeks to have Maheshkumar Maganlal Meghji Shah, a partner in the business partnership known as Maganlal Meghji Shah & Partners substituted in the suit, in place of the Plaintiff Babubhai M. Shah (deceased). Babubhai M. Shah died on 20/9/2017.
The Defendant filed Grounds of Opposition in which it claims that there is no partnership deed attached to the application. The Defendant also claimed that it stands to suffer prejudice if substitution is allowed without establishing who the administrator of the estate of Babubhai M. Shah is.
The court has looked at the documents filed by the Plaintiff. The grant of the suit property was issued to Sobhagchand Meghji Shah 50%, Maganlal Meghji Shah 25% and Babubhal Meghji Shah 25%. Grant of letters of administration were registered against the share held by Sobhagchand Meghji Shah on 13/12/2007. Half of Sobhagchand Meghji Shah’s interest was transferred to Dayanti Sobhagchand Shah on 13/12/2007.
The Defendant entered into a lease dated 29/3/2010 with Damayanti Sobhagchand Shah, Maganlal Meghji Shah and Babulal Meghji Shah. Maganlal Meghji Shah who seeks to join the suit as the Plaintiff is also a party to the lease. The Defendant has not shown what prejudice it will suffer if the deceased Plaintiff is substituted.
The application is allowed as prayed. The Plaintiff is directed to file and serve the amended plaint within 14 days of today.
Dated and Delivered at Nairobi this 5th day of November 2018
K. BOR
JUDGE
In the presence of
Ms. Simiyu holding brief for Mr. Odhiambo for the Plaintiff
Mr. Kiurah holding brief for Mr. Chebii for the Defendant
Court Assistant- V. Owuor