[2015] KEHC 1194 (KLR)
The court found that the 1st defendant had died and that Erasto Njeru Munene, as the son of the deceased and holder of Letters of Administration Ad Litem, was properly positioned to be substituted as the 1st defendant. The application was not opposed by any party. The court exercised its discretion under Order 24 of...
Source-derived case information.
- Citation
- [2015] KEHC 1194 (KLR)
- Parties
- Plaintiff: Emilio Marangu M'ndiiri; Defendant: Anjero Munene Marindi (deceased); Defendant: Lawrence Antony Kinyua; Defendant: Faith Nkinga Kabucha; Defendant: Erasto Njeru Munene (substituted)
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 73 of 2006
- Procedural Posture
- Civil Case / Ruling on Substitution Application
- Outcome
- application for substitution allowed
- Judges
- FM Njoroge
- Legal Topics
- Substitution of Parties, Death of Defendant, Letters of Administration, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Emilio Marangu M'ndiiri
Plaintiff
Anjero Munene Marindi (deceased)
Defendant
Lawrence Antony Kinyua
Defendant
Faith Nkinga Kabucha
Defendant
Erasto Njeru Munene (substituted)
Defendant
Procedural Posture
Civil Case / Ruling on Substitution Application
Legal Issues
- 1 Whether the 1st defendant, being deceased, should be substituted by his legal representative for purposes of proceeding with the suit.
- 2 Whether the applicant has obtained proper authority to be substituted as the 1st defendant.
Ratio Decidendi
The court found that the 1st defendant had died and that Erasto Njeru Munene, as the son of the deceased and holder of Letters of Administration Ad Litem, was properly positioned to be substituted as the 1st defendant. The application was not opposed by any party. The court exercised its discretion under Order 24 of the Civil Procedure Rules to allow the substitution, ensuring that the suit could proceed to determination on its merits. The court further directed compliance with relevant case management orders to facilitate the expeditious disposal of the matter.
Court Disposition
application for substitution allowed
Orders
- The 1st defendant, deceased, is substituted with Erasto Njeru Munene for purposes of proceeding with the suit.
- 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
CIVIL CASE NO. 73. OF 2006 (O.S)
EMILIO MARANGU M'NDIIRI......................................................................PLAINTIFF
VERSUS
ANJERO MUNENE MARINDI..........................................................1ST DEFENDANT
LAWRENCE ANTONY KINYUA......................................................2ND DEFENDANT
FAITH NKINGA KABUCHA................................................................3RD DEFENDANT
R U L I N G
This application states that it is brought under Order 24 Rules 4 and 5 of the Civil Procedure Rules. It seeks orders:
THAT this application be certified as urgent and be heard on a priority basis.
THAT an order be issued substituting the 1st defendant who is deceased with one ERASTO NJERU MUNENE for purposes of proceeding with the suit herein.
THAT costs of the application be in the cause
The application is buttressed by the affidavit of ERASTO NJERU MUNENE and has the following grounds:
a) THAT the 1st defendant died on 24. 9.2010.
b) THAT the proposed 1st defendant is a son of the deceased ANJEROMUNENE MARINDI and has obtained Letters of Administration ADLITEM for purposes of defending this suit.
The parties have told the Court that the application is not opposed. In the circumstances, I issue the following orders:
An order substituting the 1st defendant, deceased, with one ERASTO NJERU MUNENE for purposes of proceeding with suit is hereby issued.
Costs shall be in the cause.
Parties to fully comply with orders 3, 7, and 11 of the Civil Procedure Rules within 60 days.
Upon achievement of compliance, parties to obtain a mutually convenient date for directions from the Registry. It is so ordered.
Delivered in Open Court at Meru this 4th day of November, 2015 in the presence of:
Cc. Daniel/Lilian
Miss Rimita h/b Mwanzia for 1st and 2nd Defendant
Mburuga h/b Mwenda Mwarania for Plaintiff
P. M. NJOROGE
JUDGE