[2017] KEELC 1016 (KLR)
The court found that since the interested party, Evangeline Kanyua Mwiandi, had now obtained temporary letters of administration in respect of the deceased defendant's estate, she was the proper person to be joined as the legal representative. The application was unopposed, and allowing it would facilitate the...
Source-derived case information.
- Citation
- [2017] KEELC 1016 (KLR)
- Parties
- Plaintiff: Gilbert Kathenya Mukungi; Defendant: Mwiandi Kaimbiru; Interested Party: Evangeline Kanyua Mwiandi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 89 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Joinder of Legal Representative
- Outcome
- application allowed
- Legal Topics
- Joinder of Parties, Legal Representative, Succession and Administration, Finalization of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gilbert Kathenya Mukungi
Plaintiff
Mwiandi Kaimbiru
Defendant
Evangeline Kanyua Mwiandi
Interested Party
Procedural Posture
Miscellaneous Application / Ruling on Application for Joinder of Legal Representative
Legal Issues
- 1 Whether Evangeline Kanyua Mwiandi should be joined as the legal representative of the deceased defendant.
- 2 Whether the joinder would facilitate the expeditious disposal of the suit.
Ratio Decidendi
The court found that since the interested party, Evangeline Kanyua Mwiandi, had now obtained temporary letters of administration in respect of the deceased defendant's estate, she was the proper person to be joined as the legal representative. The application was unopposed, and allowing it would facilitate the expeditious disposal of the suit. The court therefore allowed the application and ordered that Evangeline Kanyua Mwiandi be enjoined as the legal representative of the deceased defendant.
Court Disposition
application allowed
Orders
- Evangeline Kanyua Mwiandi is enjoined in this suit as the legal representative of the deceased defendant.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO 89 OF 2017
FORMERLY MERU ELC CASE NO.410 OF 1991
GILBERT KATHENYA MUKUNGI……………….………………..PLAINTIFF
VERSUS
MWIANDI KAIMBIRU………………….………………………... DEFENDANT
EVANGELINE KANYUA MWIANDI…………………...INTERESTED PARTY
RULING
1. This application is dated 20th August, 2016 and seeks the following orders:
1. This application be certified urgent and be heard on priority basis.
2. That the interested party herein Evangeline Kanyua Mwiandi be joined as legal representative of the deceased defendant (sic) continue with the suit which is almost finalized.
3. That the costs of this application be provided for.
2. The application has the following grounds:
a. That the interested party had refused to take up grant to represent her deceased husband the defendant.
b. That the issue ended up with citations as per Chuka CM Succession Cause No. 184 of 2013, HCCC Succ Cause No. 280 of 2014 at Meru.
c. That the interested party has now been issued with temporary letters of administration in HCC. Succession Cause No. 552 of 2014.
d. That she should now of necessity be appointed to represent the deceased defendant so that this matter is finalized.
3. The plaintiff’s advocate prosecuted the application and urged the court to have it allowed as it was not opposed. He also told the court that by allowing the application this would facilitate expeditious disposal of the suit.
4. I agree.
5. The application is allowed with the effect that Evangeline Kanyua Mwiandi is enjoined in this suit as the legal representative of the deceased defendant.
6. Costs shall be in the cause.
7. It is so ordered.
Delivered in open court at Chuka this 15th day of November, 2017 in the presence of:
CA: Ndegwa
Rimita for the plaintiff
Mutura for the defendant
P. M. NJOROGE,
JUDGE.