[2016] KEHC 729 (KLR)
The court found that the death of the 3rd respondent, Jeremiah Mugambi, was not disputed and that the application for substitution was unopposed. To ensure the expeditious disposal of the main suit and in the interests of justice, the court exercised its discretion to allow the substitution of Rose Mwenda Mugambi as...
Source-derived case information.
- Citation
- [2016] KEHC 729 (KLR)
- Parties
- Applicant: Rose Mwenda Mugambi; Respondent: District Land Adjudication and Demarcation Officer Tigania West; Respondent: Attorney General; Respondent: Jeremiah Mugambi; Respondent: Isaiah Igwathu; Respondent: Mwongera William; Respondent: Elias Mwenda M'Minyori
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Petition 37 of 2011
- Procedural Posture
- Constitutional Petition / Ruling on Substitution Application
- Outcome
- application allowed
- Judges
- FM Njoroge
- Legal Topics
- Party Substitution, Death of Party, Adjudication Process, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rose Mwenda Mugambi
Applicant
District Land Adjudication and Demarcation Officer Tigania West
Respondent
Attorney General
Respondent
Jeremiah Mugambi
Respondent
Isaiah Igwathu
Respondent
Mwongera William
Respondent
Elias Mwenda M'Minyori
Respondent
Procedural Posture
Constitutional Petition / Ruling on Substitution Application
Legal Issues
- 1 Whether the applicant should be substituted as a party in place of the deceased 3rd respondent.
- 2 Whether the application for substitution is merited under the circumstances.
Ratio Decidendi
The court found that the death of the 3rd respondent, Jeremiah Mugambi, was not disputed and that the application for substitution was unopposed. To ensure the expeditious disposal of the main suit and in the interests of justice, the court exercised its discretion to allow the substitution of Rose Mwenda Mugambi as a party in place of the deceased. The court further ordered that costs of the application be in the cause, aligning with the principle that procedural applications necessary for the progress of the suit should not unduly burden any party with costs unless warranted by the circumstances.
Court Disposition
application allowed
Orders
- Rose Mwenda Mugambi is substituted as a party in place of the deceased 3rd respondent, Jeremiah Mugambi.
- Costs of the application shall be in the cause.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
PETITION NO 37 OF 2011
IN THE MATTER OF ALLEGED CONTRAVENTION OF FUNDAMENTAL RIGHTS & FREEDOMS UNDER ARTICLE 40 OF THE CONSTITUTION OF KENYA
BETWEEN
DISTRICT LAND ADJUDICATION AND
DEMARCATION OFFICER TIGANIA WEST.......1ST RESPONDENT
ATTORNEY GENERAL....................................... 2ND RESPONDENT
JEREMIAH MUGAMBI..........................................3RD RESPONDENT
ISAIAH IGWATHU..................................................4TH RESPONDENT
MWONGERA WILLIAM.........................................5TH RESPONDENT
ELIAS MWENDA M'MINYORI............................. 6TH RESPONDENT
AND
ROSE MWENDWA MUGAMBI..........................................APPLICANT
R U L I N G
1. This application is dated 13th January, 2016. It seeks an order to make Rose Mwenda Mugambi, the applicant , a party to substitute the 3rd defendant, Jeremiah Mugambi. It also prays that costs of the application be in the cause.
2. It is not controverted that the 3rd defendant died on 03/09/2014.
3. To facilitate expeditious disposal of the main suit, I find that the application has merit.
4. In the circumstances, the application is allowed.
5. Costs shall be in the cause.
6. It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 23RD DAY OF NOVEMBER, 2016 IN THE PRESENCE OF:-
C.A : James
Manases Kariuki h/b Murango Mwenda for Applicants
Baithambu h/b Ondari for the Petitioner.
P.M. NJOROGE
JUDGE