[2025] KEHC 3005 (KLR)
The court found that Elson Mwangovi Charo, the original applicant, had died and that James Mwamlanda Mwangovi, his son and beneficiary, had obtained a limited grant of letters of administration for the estate. The evidence, including the death certificate and the grant, was sufficient to allow substitution. The...
Source-derived case information.
- Citation
- [2025] KEHC 3005 (KLR)
- Parties
- Applicant: Elson Mwangovi Charo; Respondent: Permanent Secretary, Ministry of State Provincial Administration & Internal Security; Respondent: Attorney General; Applicant: James Mwamlanda Mwangovi
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 48 of 2012
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Substitution of Party Due to Death
- Outcome
- application allowed
- Judges
- J Ngaah
- Legal Topics
- Joinder of Parties, Substitution on Death, Letters of Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elson Mwangovi Charo
Applicant
Permanent Secretary, Ministry of State Provincial Administration & Internal Security
Respondent
Attorney General
Respondent
James Mwamlanda Mwangovi
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Application for Substitution of Party Due to Death
Legal Issues
- 1 Whether James Mwamlanda Mwangovi should be joined as a party to substitute the deceased applicant, Elson Mwangovi Charo.
- 2 Whether the limited grant of letters of administration entitles James Mwamlanda Mwangovi to proceed with the suit.
Ratio Decidendi
The court found that Elson Mwangovi Charo, the original applicant, had died and that James Mwamlanda Mwangovi, his son and beneficiary, had obtained a limited grant of letters of administration for the estate. The evidence, including the death certificate and the grant, was sufficient to allow substitution. The application was unopposed, and the court exercised its discretion under the Civil Procedure Rules to substitute the deceased with his legal representative, thereby enabling the proceedings to continue without abatement. No order as to costs was made.
Court Disposition
application allowed
Orders
- James Mwamlanda Mwangovi is substituted as the applicant in place of Elson Mwangovi Charo.
- No order as to costs.
Full Case Text
Judgment text and source record
22 paragraphs
Charo v Permanent Secretary, Ministry of State Provincial Administration & Internal Security & another (Miscellaneous Application 48 of 2012) [2025] KEHC 3005 (KLR) (7 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3005 (KLR)
Republic of Kenya
In the High Court at Mombasa
Miscellaneous Application 48 of 2012
J Ngaah, J
March 7, 2025
Between
Elson Mwangovi Charo
Applicant
and
Permanent Secretary, Ministry of State Provincial Administration & Internal Security
1st Respondent
Attorney General
2nd Respondent
Ruling
1. The application before court is a motion dated 24 January 2025 expressed to be brought under section l(A), 3(A) of the Civil Procedure Act, cap. 21; Order 1 rule 1 and Order 24 rule 1, 3(1) and (2) and Order 51 of the Civil Procedure Rules. The applicant seeks in the main “to join James Mwamlanda Mwangovi as a party to these proceedings as the administrator/applicant”.
2. In substance, James Mwamlanda Mwangovi is a son and one of the beneficiaries of the estate of Elson Mwangovi Charo who died on 28 December 2023. James Mwamlanda Mwangovi now wishes to be joined in this matter to proceed with it.
The application is unopposed. 3. I note from the affidavit in support of the application a copy of a death certificate of Elson Mwangovi Charo showing that he died on 28 December 2023. On the same affidavit, there is exhibited a copy of limited grant of letters of administration in respect of the estate of Elson Mwangovi Charo made by the Chief Magistrate in Mombasa in Succession Cause No. 153 of 2024.
4. The grant has been made to James Mwamlanda Mwangovi, the applicant in these applicant.
5. Based on this evidence, I allow the application and substitute Elson Mwangovi Charo with James Mwamlanda Mwangovi as the applicant in the substantive proceedings. The application is allowed to that extent. I make no order as to costs.It is so ordered.
SIGNED, DATED AND DELIVERED ON 7 MARCH 2025NGAAH JAIRUSJUDGE