[2007] KEHC 3004 (KLR)

[2007] KEHC 3004 (KLR)

The court found that the applicants, being the legal representatives of the deceased plaintiff, were entitled to be substituted as parties in the suit since the cause of action survived the death of the plaintiff. The application was unopposed, and the requirements under Order XXIII Rule 3(1) of the Civil Procedure...

Source-derived case information.

Citation
[2007] KEHC 3004 (KLR)
Parties
Applicant: Zipporah Wangui Cucu and others (as legal representatives of Solomon Cucu Wataku, deceased); Defendant: Johnson Nganga Chutha
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Civil Case 1163 of 1999
Procedural Posture
Civil Case / Ruling on Application to Substitute Deceased Plaintiff
Outcome
application granted
Judges
JL Osiemo
Legal Topics
Substitution of Parties, Death of Plaintiff, Legal Representatives, Notice of Motion
Source Language
en
Civil Procedure Substitution of Parties Death of Plaintiff Legal Representatives Notice of Motion

Source-derived case record

Summary, issues, holding and outcome

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Parties

Zipporah Wangui Cucu and others (as legal representatives of Solomon Cucu Wataku, deceased)

Applicant

Johnson Nganga Chutha

Defendant

Procedural Posture

Civil Case / Ruling on Application to Substitute Deceased Plaintiff

Legal Issues

  1. 1 Whether the applicants should be substituted as parties following the death of the plaintiff.
  2. 2 Whether the cause of action survives the death of the plaintiff.

Ratio Decidendi

The court found that the applicants, being the legal representatives of the deceased plaintiff, were entitled to be substituted as parties in the suit since the cause of action survived the death of the plaintiff. The application was unopposed, and the requirements under Order XXIII Rule 3(1) of the Civil Procedure Rules were satisfied. Accordingly, the court granted the application in terms of the prayers sought, allowing the substitution of the deceased plaintiff with his legal representatives.

Court Disposition

application granted

Orders

  • The applicants are hereby made parties to the suit as legal representatives of the deceased plaintiff.
  • The application is granted in terms of Prayers 1 and 2 of the Notice of Motion dated 24th November 2006.