[2022] KEELC 3538 (KLR)
The court found that the application for substitution of the deceased 2nd defendant with his legal representative was made within the one-year period stipulated by Order 24 Rule 4(3) of the Civil Procedure Rules. The applicant provided sufficient evidence of the death and the grant of letters of administration ad...
Source-derived case information.
- Citation
- [2022] KEELC 3538 (KLR)
- Parties
- Plaintiff: Moffat Gichuru; Defendant: M’Imanyara M’murithi; Defendant: Wilson Mwirigi Imanyara; Defendant: Kevin Bundi Gichuru
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 54 of 2015
- Procedural Posture
- Environment and Land Case / Ruling on Application for Substitution of Deceased Defendant
- Outcome
- Application for substitution allowed.
- Judges
- CK Nzili
- Legal Topics
- Substitution of Parties, Abatement of Suit, Letters of Administration, Death of Defendant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moffat Gichuru
Plaintiff
M’Imanyara M’murithi
Defendant
Wilson Mwirigi Imanyara
Defendant
Kevin Bundi Gichuru
Defendant
Procedural Posture
Environment and Land Case / Ruling on Application for Substitution of Deceased Defendant
Legal Issues
- 1 Whether the court should grant leave to substitute the deceased 2nd defendant with his legal representative within the stipulated time period.
- 2 Whether the application for substitution was made within the time limits set by Order 24 Rule 4 of the Civil Procedure Rules.
Ratio Decidendi
The court found that the application for substitution of the deceased 2nd defendant with his legal representative was made within the one-year period stipulated by Order 24 Rule 4(3) of the Civil Procedure Rules. The applicant provided sufficient evidence of the death and the grant of letters of administration ad litem. Since there was no dispute as to the facts or the timelines, and the law clearly provides for substitution in such circumstances, the court allowed the application as merited. No order as to costs was made.
Court Disposition
Application for substitution allowed.
Orders
- Leave is granted to substitute the 2nd defendant with Wilson Mwirigi Manyara as legal representative.
- No order as to costs.
Full Case Text
Judgment text and source record
24 paragraphs
Gichuru v M’murithi & 2 others (Environment & Land Case 54 of 2015) [2022] KEELC 3538 (KLR) (27 July 2022) (Ruling)
Neutral citation: [2022] KEELC 3538 (KLR)
Republic of Kenya
In the Environment and Land Court at Meru
Environment & Land Case 54 of 2015
CK Nzili, J
July 27, 2022
Between
Moffat Gichuru
Plaintiff
and
M’Imanyara M’murithi
1st Defendant
Wilson Mwirigi Imanyara
2nd Defendant
Kevin Bundi Gichuru
3rd Defendant
Ruling
1. By an application dated 20. 8.2020, the court is asked to grant leave for the substitution of the 2nd defendant with his son Wilson Mwirigi Manyara who possesses a limited grant of letters of administration ad litem so as to proceed with the suit.
2. The application is supported by an affidavit of Wilson Mwirigi Manyara sworn on the even date in which he has attached copies of the death certificate and the limited grant.
3. It is not in dispute the 2nd defendant passed on 14. 6.2020 subsequent to which a grant was sought and obtained on 17. 8.2020.
4. Order 24 Rule 4 of the Civil Procedure Rules provides that where one of the defendants dies and a cause of action survives, the court on an application made on that behalf shall cause the legal representative of the deceased defendant to be made a party and shall proceed with the suit. Sub-rule (3) thereof provides that such an application has to be made within one year otherwise the suit shall abate against that defendant. In this suit, the application has been made within the stipulated timelines.
5. My finding therefore is that the application has merits. The same is allowed with no orders as to costs.Orders accordingly.
DATED, SIGNED AND DELIVERED VIA MICROSOFT TEAMS/OPEN COURTTHIS 27TH DAY OF JULY, 2022In presence of:C/A: KananuMukaburu for defendantHON. C.K. NZILIELC JUDGE