[2014] KEHC 2419 (KLR)
The court allowed the application for substitution as it was not opposed by any party and was properly brought before the court. The court exercised its discretion under the Civil Procedure Rules to permit the joinder of the applicant as a substitute for the deceased original applicant, ensuring the continuation of...
Source-derived case information.
- Citation
- [2014] KEHC 2419 (KLR)
- Parties
- Applicant: Jadiel M'Imuchi M'Igweta alias Jadiel Karithom'Igweta; Respondent: The District Land Adj. & Settlement Officer Tigania District; Interested Party: John M'Lingera M'Ethambu
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 13A of 2012
- Procedural Posture
- Miscellaneous Application / Ruling on Substitution of Deceased Applicant
- Outcome
- Application for substitution allowed.
- Judges
- FM Njoroge
- Legal Topics
- Joinder of Parties, Substitution of Deceased Party
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jadiel M'Imuchi M'Igweta alias Jadiel Karithom'Igweta
Applicant
The District Land Adj. & Settlement Officer Tigania District
Respondent
John M'Lingera M'Ethambu
Interested Party
Procedural Posture
Miscellaneous Application / Ruling on Substitution of Deceased Applicant
Legal Issues
- 1 Whether the applicant should be joined as a party to substitute the deceased applicant.
Ratio Decidendi
The court allowed the application for substitution as it was not opposed by any party and was properly brought before the court. The court exercised its discretion under the Civil Procedure Rules to permit the joinder of the applicant as a substitute for the deceased original applicant, ensuring the continuation of the proceedings without prejudice to any party.
Court Disposition
Application for substitution allowed.
Orders
- The applicant is joined as a party to substitute the deceased applicant.
- Costs of the application shall be in the cause.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
JR NO. 13A OF 2012
JADIEL M'IMUCHI M'IGWETA ALIAS JADIEL KARITHOM'IGWETA..............APPLICANT
VERSUS
THE DISTICT LAND ADJ. & SETTLEMENT OFFICER TIGANIA DISTRICT...RESPONDENT
JOHN M'LINGERA M'ETHAMBU.....................................................INTERESTED PARTY
R U L I N G
This application is dated 24th February, 2014 and seeks orders:
1. That this Honourable Court be pleased to join the applicant as a party herein to substitute the Applicant who is now deceased.
2. That costs of this application be in the cause.
The other parties indicated they were not opposed to the application when it came up for inter partes hearing on 3. 7.2014. It is therefore, allowed.
Delivered in Open Court at Meru this 3rd day of July, 2014 in the presence of:
Cc. Daniel/Lilian
B. G. Kariuki for Interested Party
Wamachi h/b H. Gitonga for the Applicant
Kieti for Respondent
P. M. NJOROGE
JUDGE