[2016] KEHC 3383 (KLR)
The court found that the applicant, having obtained letters of administration ad litem, was entitled to be substituted as plaintiff in place of the deceased. The cause of action in the suit survived the death of the original plaintiff, and there was no opposition to the application. The application was therefore...
Source-derived case information.
- Citation
- [2016] KEHC 3383 (KLR)
- Parties
- Plaintiff: Col. (Rtd) Dr. Henry Muthee Kathurima; Applicant: Sarah Mwaka Kathurima; Defendant: The County Government of Meru
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- ? 58 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Substitution of Deceased Plaintiff
- Outcome
- Application allowed; applicant substituted as plaintiff.
- Judges
- FM Njoroge
- Legal Topics
- Substitution of Parties, Survival of Cause of Action, Letters of Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Col. (Rtd) Dr. Henry Muthee Kathurima
Plaintiff
Sarah Mwaka Kathurima
Applicant
The County Government of Meru
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application for Substitution of Deceased Plaintiff
Legal Issues
- 1 Whether the applicant should be substituted as plaintiff in place of the deceased litigant.
- 2 Whether the cause of action survives the death of the original plaintiff.
Ratio Decidendi
The court found that the applicant, having obtained letters of administration ad litem, was entitled to be substituted as plaintiff in place of the deceased. The cause of action in the suit survived the death of the original plaintiff, and there was no opposition to the application. The application was therefore meritorious and allowed as prayed in respect of substitution.
Court Disposition
Application allowed; applicant substituted as plaintiff.
Orders
- Sarah Mwaka Kathurima is substituted as plaintiff in place of the deceased Col. (Rtd) Dr. Henry Muthee Kathurima.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ELC SUIT NO 58 OF 2015
COL. (RTD) DR. HENRY MUTHEE KATHURIMA..........................PLAINTIFF
VERSUS
THE COUNTY GOVERNMENT OF MERU..................................DEFENDANT
R U L I N G
1. This application is dated 21st July, 2016 and seeks orders:-
(1) THAT this application be certified urgent and that it be heard urgently.
(2) THAT the Honourable Court be pleased to issue an order, substituting the deceased plaintiff with SARAH MWAKA KATHURIMA who is the legal representative of the estate of the Plaintiff.
(3) THAT costs be in cause.
2. It is supported by the affidavit of the applicant SARAH MWAKA KATHURIMA and has the following grounds:-
1. The Plaintiff died on 23/05/2016 while this suit was pending for hearing.
2. The cause of action in this suit survives the death of the plaintiff.
3. The Applicant has been granted letters of administration Ad. Litem for purposes of being substituted in this matter in the place of the deceased plaintiff.
3. As the application only seeks to substitute a deceased litigant, I find that it has merit. It is, therefore allowed in terms of prayer 2.
4. Costs shall be in the cause.
5. It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 25TH DAY OF JULY, 2016 IN THE PRESENCE OF:-
CC: Daniel/Lilian
P.M. NJOROGE
JUDGE