[2018] KEELC 4515 (KLR)
The court found that the applicant, having obtained letters of administration ad litem, is the proper legal representative of the deceased respondent's estate. Since the application was unopposed and substitution would facilitate the expeditious determination of the appeal, the court allowed the application to...
Source-derived case information.
- Citation
- [2018] KEELC 4515 (KLR)
- Parties
- Applicant: Bilista Kambura Miriti; Respondent: Adelina Gaaji Magiri (deceased); Appellant: Borana Kiara
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 13 of 2017
- Procedural Posture
- Civil Appeal / Ruling on Application for Substitution of Deceased Respondent
- Outcome
- Application allowed; substitution granted; directions issued for further conduct of appeal.
- Judges
- FM Njoroge
- Legal Topics
- Substitution of Parties, Letters of Administration, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bilista Kambura Miriti
Applicant
Adelina Gaaji Magiri (deceased)
Respondent
Borana Kiara
Appellant
Procedural Posture
Civil Appeal / Ruling on Application for Substitution of Deceased Respondent
Legal Issues
- 1 Whether the applicant should be joined as respondent in place of the deceased original respondent.
- 2 Whether the applicant has locus standi as legal representative of the deceased estate.
Ratio Decidendi
The court found that the applicant, having obtained letters of administration ad litem, is the proper legal representative of the deceased respondent's estate. Since the application was unopposed and substitution would facilitate the expeditious determination of the appeal, the court allowed the application to substitute the deceased respondent with the applicant. The court further issued directions for the filing and exchange of written submissions to progress the appeal.
Court Disposition
Application allowed; substitution granted; directions issued for further conduct of appeal.
Orders
- Bilista Kambura is joined as respondent in place of Adelina Gaaji Magiri (deceased).
- Appellant to file and exchange written submissions within 30 days.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CIVIL APPEAL CASE NO. 13 OF 2017
FORMERLY MERU ELC CIVIL APPEAL CASE NO. 31 OF 2011
BILISTA KAMBURA MIRITI……………..…………………….APPLICANT
ADELINA GAAJI MAGIRI (DECEASED)…........ORIGINAL RESPONDENT
VERSUS
BORANA KIARA………………….................APPELLANT/RESPONDENT
RULING
1. This application is dated 24th January, 2018 and seeks orders:
1. That this honourable court be pleased to join BILISTA KAMBURA as the respondent in this suit in lieu of ADELINA GAAJU MAGIRI (deceased).
2. Costs of this application be provided for.
2. The application has the following grounds:
a) That the respondent herein is deceased.
b) That the applicant is the legal representative of the deceased estate having been issued with letters of administration ad litem on 22nd January, 2018.
c) That the appeal has stalled on account of the death of the original respondent but now the matter can kick off if the applicant is enjoined in place of the late respondent.
3. It is pellucid that the application is not opposed. Allowing the application will expedite the hearing and determination of this suit.
4. This application is allowed.
5. Costs shall be in the cause.
6. It is ordered as follows:
1. The appellant is to file and exchange written submissions within 30 days of today.
2. The respondent is to file and exchange written submissions within 21 days after receipt of the appellant’s written submissions.
7. The Appellant is directed to serve the record of appeal upon the respondent within 14 days of today.
8. Directions on 16. 4.2018.
9. It is so ordered.
Delivered in open court at Chuka this 19th day of February, 2018 in the presence of:
CA: Ndegwa
Mungai Wainaina for the appellant/respondent
I.C. Mugo for the applicant/respondent
P.M. NJOROGE
JUDGE