[2017] KEHC 6387 (KLR)
The court found that the applicant, Anestly Muthoni Mukobwa, had demonstrated her status as the legal representative of the deceased plaintiff by producing letters of grant. The court further noted that the suit had not abated as a result of the plaintiff's death and that the defendant would not suffer any prejudice...
Source-derived case information.
- Citation
- [2017] KEHC 6387 (KLR)
- Parties
- Plaintiff: Joel Mukobwa Mwongera; Applicant: Anestly Muthoni Mukobwa; Defendant: Kenya Pentecostal Holilness Church Wiru Branch through Registered Trustees
- Court
- High Court
- Court Station
- High Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 22 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Substitution of Deceased Plaintiff
- Outcome
- application allowed
- Judges
- FM Njoroge
- Legal Topics
- Joinder of Parties, Substitution of Deceased Party, Letters of Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joel Mukobwa Mwongera
Plaintiff
Anestly Muthoni Mukobwa
Applicant
Kenya Pentecostal Holilness Church Wiru Branch through Registered Trustees
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application for Substitution of Deceased Plaintiff
Legal Issues
- 1 Whether Anestly Muthoni Mukobwa should be joined as plaintiff in place of the deceased Joel Mukobwa Mwongera.
- 2 Whether the suit has abated due to the death of the original plaintiff.
- 3 Whether the substitution would prejudice the defendant.
Ratio Decidendi
The court found that the applicant, Anestly Muthoni Mukobwa, had demonstrated her status as the legal representative of the deceased plaintiff by producing letters of grant. The court further noted that the suit had not abated as a result of the plaintiff's death and that the defendant would not suffer any prejudice by the substitution. Accordingly, the court allowed the application for substitution, permitting Anestly Muthoni Mukobwa to be joined as plaintiff in place of Joel Mukobwa Mwongera.
Court Disposition
application allowed
Orders
- Anestly Muthoni Mukobwa is joined as plaintiff in place of Joel Mukobwa Mwongera (deceased).
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO 22 OF 2017
FORMERLY MERU ELC CASE NO.45 OF 2016
JOEL MUKOBWA MWONGERA…..………………….....................................................………...PLAINTIFF
VERSUS
KENYA PENTECOSTAL HOLILNESS CHURCH WIRU
BRANCH THROUGH REGISTERED TRUSTEES………..………………………………. DEFENDANT
RULING
1. This application is dated 3rd March, 2017 and seeks the following orders:-
a) That this Honourable Court be pleased to join ANESTLY MUTHONI MUKOBWA as plaintiff in this suit in lieu of JOEL MUKOBWA MWONGERA (deceased)
b) That costs be in the cause.
2. The application is supported by the affidavit of ANESTLY MUTHONI MUKOBWA and has the following grounds:-
1. That the plaintiff herein is deceased.
2. The applicant is the legal representative of the deceased plaintiff vide letters of grant in CHUKA SUCC C. NO.4/2017.
3. From the applicant’s supporting affidavit, it is noted that the plaintiff died on 14th September, 2016 with the effect that as regards him the suit has not abated.
4. Allowing this application will not be prejudicial to the defendant.
5. The application is allowed in terms of prayer (a).
6. Costs shall be in the cause.
7. It is so ordered.
Delivered in open court at Chuka this 11th day of April, 2017 in the presence of:
CA: Ndegwa
I.C Mugo for the plaintiff.
P.M. NJOROGE
JUDGE