[2018] KEELC 4675 (KLR)
The court found that the applicant had demonstrated sufficient cause for the delay in seeking revival and substitution, as the delay was occasioned by the process of obtaining letters of administration. The defendant did not oppose the application. In the interests of justice, and given the substantial hearing of...
Source-derived case information.
- Citation
- [2018] KEELC 4675 (KLR)
- Parties
- Plaintiff: Joel Ngui Mweu; Defendant: Githiga Muiru Company Limited; Applicant: Mwikali Ngui
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 52 of 2009
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Revival and Substitution
- Outcome
- Application allowed.
- Judges
- OA Angote
- Legal Topics
- Revival of Suit, Substitution of Parties, Abatement of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joel Ngui Mweu
Plaintiff
Githiga Muiru Company Limited
Defendant
Mwikali Ngui
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Application for Revival and Substitution
Legal Issues
- 1 Whether the suit should be revived after abatement due to the death of the plaintiff.
- 2 Whether the applicant should be substituted as the legal representative of the deceased plaintiff.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient cause for the delay in seeking revival and substitution, as the delay was occasioned by the process of obtaining letters of administration. The defendant did not oppose the application. In the interests of justice, and given the substantial hearing of the suit prior to abatement, the court exercised its discretion to allow the revival of the suit and substitution of the deceased plaintiff with his legal representative.
Court Disposition
Application allowed.
Orders
- The suit is revived.
- Time for filing the application is enlarged to the date of filing.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MACHAKOS
ELC. CASE NO. 52 OF 2009
JOEL NGUI MWEU........................................................PLAINTIFF
VERSUS
GITHIGA MUIRU COMPANY LIMITED...............DEFENDANT
RULING
1. In the Application dated 25th November, 2016, the Applicant is seeking for the following orders:
a. That the suit herein be revived; and the time within which this Application ought to have been filed be enlarged to the date of its filing.
b. That the Plaintiff herein, Joel Ngui Mweu who died on 9th April, 2012 be substituted with Mwikali Ngui, his legal representative.
c. That costs of this Application be in the cause.
2. The Application is based on grounds that the suit is substantially heard; that the Plaintiff died on 9th April, 2012; that the Applicant petitioned the High Court for a grant of letters of administration of the Plaintiff’s estate and that the Applicant was issued with letters of administration of the Plaintiff’s Estate on 11th July, 2016.
3. It is the Applicant’s case that he was prevented by a sufficient cause from continuing with the suit herein.
4. In response, the Defendant’s Director deponed that the Plaintiff died in the year 2012 and the suit abated; that he has no objection to the Plaintiff being substituted and for the suit to be revived.
5. Considering that the Defendant does not object to the substitution of the Plaintiff and for the revival of the suit, I allow the Application dated 25th November, 2016 as prayed.
DATED, DELIVERED AND SIGNED IN MACHAKOS THIS 26TH DAY OF JANUARY, 2018.
O.A. ANGOTE
JUDGE