[2019] KEELC 2016 (KLR)
The court found that the applicant, Samwel Kibet Tonui, had provided sufficient evidence of the death of the 1st defendant, Taplule Chepkemoi Chumo, and had demonstrated that he holds a valid grant of letters of administration ad litem for the deceased's estate. As there was no opposition to the application and the...
Source-derived case information.
- Citation
- [2019] KEELC 2016 (KLR)
- Parties
- Plaintiff: Prof. Jackson John Kitetu; Plaintiff: Joan Chelangat Rono; Defendant: Taplule Chepkemoi Chumo; Defendant: Samwel Kibet Tonui; Applicant: Mr. Nyamweya
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 140 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Substitution of Deceased Defendant
- Outcome
- application allowed
- Legal Topics
- Substitution of Parties, Letters of Administration, Death of Defendant, Amendment of Pleadings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Prof. Jackson John Kitetu
Plaintiff
Joan Chelangat Rono
Plaintiff
Taplule Chepkemoi Chumo
Defendant
Samwel Kibet Tonui
Defendant
Mr. Nyamweya
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Application for Substitution of Deceased Defendant
Legal Issues
- 1 Whether the applicant should be substituted for the deceased 1st defendant under the relevant procedural rules.
- 2 Whether the applicant holds a valid grant of letters of administration ad litem for the estate of the deceased.
Ratio Decidendi
The court found that the applicant, Samwel Kibet Tonui, had provided sufficient evidence of the death of the 1st defendant, Taplule Chepkemoi Chumo, and had demonstrated that he holds a valid grant of letters of administration ad litem for the deceased's estate. As there was no opposition to the application and the requirements under Order 24 of the Civil Procedure Rules had been met, the court exercised its discretion to allow the substitution of the applicant in place of the deceased 1st defendant. The court further directed that the plaint be amended within 14 days to reflect this substitution.
Court Disposition
application allowed
Orders
- The applicant, Samwel Kibet Tonui, is substituted for the deceased 1st defendant, Taplule Chepkemoi Chumo.
- The plaint shall be amended within 14 days to reflect the substitution.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA
AT NAKURU
ELC NO. 140 OF 2018
PROF.JACKSON JOHN KITETU.......................1ST PLAINTIFF
JOAN CHELANGAT RONO..............................2ND PLAINTIFF
VERSUS
TAPLULE CHEPKEMOI CHUMO
& 5 OTHERS.......................................................DEFENDANTS
RULING
(Application for substitution of deceased 1st defendant; application allowed)
1. The application before me is that dated 2 March 2019 filed by one Samwel Kibet Tonui, who wishes to substitute the 1st defendant, Taplule Chepkemoi Chumo, who is said to be deceased.
2. The suit itself was commenced through a plaint which was filed on 12 April 2018 and in their plaint, the plaintiffs have averred to be the owners of the land parcels Njoro/Ngata Block 2/1887- 1893. They aver that the original land was Njoro Ngata Block 2/850 which was registered in the name of the 1st defendant but which was subdivided into the plots that they claim to have purchased. They have sued the defendants because the defendants have refused to allow them to develop the plots claiming that they never purchased them. There is another related suit, commenced in the High Court in the year 2011 and registered as Nakuru HCCC No. 213 of 2011, where the 2nd defendant in this case has sued the deceased as 1st defendant and her sons.
3. In this application, it is averred that the 1st defendant died on 16 September 2016 before this suit was filed and there is annexed a certificate of death. The applicant has averred that he holds a grant of letters of administration ad litem for the estate of the 1st defendant and he thus wishes to be substituted for the deceased 1st defendant.
4. The application is not opposed.
5. On my part, I have no reason not to allow it for I can see that the applicant does indeed hold a grant of letters of administration ad litem for the estate of the deceased.
6. The application is therefore allowed and I do order that the applicant be substituted for the deceased 1st defendant. I further direct that the plaint be amended within 14 days to reflect this position.
7. I make no orders on costs.
Dated, signed and delivered in open court at Nakuru 23RD day of July 2019.
JUSTICE MUNYAO SILA
ENVIRONMENT & LAND COURT AT NAKURU
In presence of :-
Mr. Nyamweya holding brief for Mr. Andama for the applicant.
Court Assistants: Nelima Janepher /Patrick Kemboi.
JUSTICE MUNYAO SILA
ENVIRONMENT & LAND COURT AT NAKURU