[2018] KEELC 2099 (KLR)

[2018] KEELC 2099 (KLR)

The court held that for an application to revive an abated suit and substitute a deceased plaintiff, the applicant must demonstrate sufficient cause for any delay and must have legal capacity as a duly appointed legal representative. In the case of Joyce Wamuyu Maina, the court found she lacked capacity as she was...

Source-derived case information.

Citation
[2018] KEELC 2099 (KLR)
Parties
Plaintiff: F.G. Wahome; Plaintiff: J.W. Munuhe; Plaintiff: P.H. Gitonga; Plaintiff: J.M. Mumu; Plaintiff: F.N. Karobia; Defendant: Stanley Wanjohi Mathenge; Applicant: Cecilia Waitherero Karobia
Court
Environment and Land Court
Court Station
Environment and Land Court at Nyeri
Jurisdiction
Kenya
Case Number
Environment & Land Case 450 of 2014
Procedural Posture
Notice of Motion / Ruling on Applications for Revival and Substitution After Abatement Due to Death of Plaintiffs
Outcome
Applications by Joyce Wamuyu Maina and Hellen Wairimu Wachira dismissed with costs; application by Cecilia Waitherero Karobia allowed. 5th plaintiff's suit revived and substitution granted.
Judges
L Waithaka
Legal Topics
Abatement of Suit, Revival of Suit, Substitution of Parties, Letters of Administration, Discretion of Court
Source Language
en
Civil Procedure Land and Property Abatement of Suit Revival of Suit Substitution of Parties Letters of Administration Discretion of Court

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Parties

F.G. Wahome

Plaintiff

J.W. Munuhe

Plaintiff

P.H. Gitonga

Plaintiff

J.M. Mumu

Plaintiff

F.N. Karobia

Plaintiff

Stanley Wanjohi Mathenge

Defendant

Cecilia Waitherero Karobia

Applicant

Procedural Posture

Notice of Motion / Ruling on Applications for Revival and Substitution After Abatement Due to Death of Plaintiffs

Legal Issues

  1. 1 Whether the applicants have shown sufficient cause for the revival of abated suits and substitution as legal representatives of deceased plaintiffs.
  2. 2 Whether the delay in filing applications for revival and substitution is excusable under the Civil Procedure Rules.
  3. 3 Whether the applicants have legal capacity to prosecute the suits on behalf of the deceased plaintiffs.

Ratio Decidendi

The court held that for an application to revive an abated suit and substitute a deceased plaintiff, the applicant must demonstrate sufficient cause for any delay and must have legal capacity as a duly appointed legal representative. In the case of Joyce Wamuyu Maina, the court found she lacked capacity as she was not the legal representative of the deceased's estate, and dismissed her application. For Hellen Wairimu Wachira, the court found a ten-year delay without explanation to be inordinate and dismissed her application. However, for Cecilia Waitherero Karobia, the court found that although her application was not filed within the stipulated time, she had acted promptly by instructing...

Court Disposition

Applications by Joyce Wamuyu Maina and Hellen Wairimu Wachira dismissed with costs; application by Cecilia Waitherero Karobia allowed. 5th plaintiff's suit revived and substitution granted.

Orders

  • Application by Joyce Wamuyu Maina is dismissed with costs to the respondent.
  • Application by Hellen Wairimu Wachira is dismissed with costs to the respondent.