[2012] KEHC 3700 (KLR)
The Court found that the Interested Party, Fredrick K. Kimani, had not been formally joined as a party to the suit, as his application for joinder had not been heard or granted. Consequently, he lacked locus standi to bring the application seeking dismissal of the suit. The Court therefore struck out the application...
Source-derived case information.
- Citation
- [2012] KEHC 3700 (KLR)
- Parties
- Plaintiff: John Mburu Kibe; Defendant: Official Receiver of the Estate of Gurcharan Singh Sandha; Defendant: Mahan Singh s/o Jalamal Singh; Defendant: Satpal Singh Sandu; Applicant: Fredrick K. Kimani
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 1769 of 1996
- Procedural Posture
- Civil Suit / Ruling on Application to Dismiss Suit Due to Plaintiff's Death and Lack of Substitution
- Outcome
- application struck out for want of locus standi
- Legal Topics
- Locus Standi, Dismissal for Want of Prosecution, Substitution of Parties, Adverse Possession
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Mburu Kibe
Plaintiff
Official Receiver of the Estate of Gurcharan Singh Sandha
Defendant
Mahan Singh s/o Jalamal Singh
Defendant
Satpal Singh Sandu
Defendant
Fredrick K. Kimani
Applicant
Procedural Posture
Civil Suit / Ruling on Application to Dismiss Suit Due to Plaintiff's Death and Lack of Substitution
Legal Issues
- 1 Whether the Interested Party has locus standi to bring the application for dismissal of the suit.
- 2 Whether the suit should be dismissed due to the death of the Plaintiff and failure to substitute a legal representative.
Ratio Decidendi
The Court found that the Interested Party, Fredrick K. Kimani, had not been formally joined as a party to the suit, as his application for joinder had not been heard or granted. Consequently, he lacked locus standi to bring the application seeking dismissal of the suit. The Court therefore struck out the application for want of standing, without addressing the merits of dismissal or abatement due to the Plaintiff's death. The Applicant was ordered to bear the costs of the application.
Court Disposition
application struck out for want of locus standi
Orders
- The application dated 28th June 2010 is struck out.
- The Applicant shall bear the costs of the application.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (MILIMANI LAW COURTS)
CIVIL SUIT 1769 OF 1996
JOHN MBURU KIBE..............................................................................................................PLAINTIFF
VERSUS
OFFICIAL RECEIVER OF THE ESTATE OFGURCHARAN SINGH SANDHA.......1ST DEFENDANT
MAHAN SINGH S/O JALAMAL SINGH...................................................................2ND DEFENDANT
SATPAL SINGH SANDU............................................................................................3RD DEFENDANT
FREDRICK K. KIMANI..................................................................INTERESTED PARTY APPLICANT
RULING
The application before the Court dated 28th June 2010 is brought by the Interested Party and is seeking orders that this Court dismisses the suit and application herein both dated 23rd February 2004. The grounds are that the Plaintiff who instituted this suit died sometime in 2008 according to information provided by his Advocate on 30th June 2009 to this Court, and that it is over one year since the death of the Plaintiff was reported and no known legal representatives or dependants have shown interest in this suit.
The Applicant in his Supporting Affidavit sworn on 28th June 2010 states that he is an interested party by virtue of adverse possession, and currently in actual possession of the suit property. On perusal of the court record, I did find that the Plaintiff’s death was reported to the Court as stated, but no evidence of such death is on record. I also found that the Applicant did file an application dated 29th April 2004 to be joined as an Interested Party, but there is no record of the said application having been heard, or of orders given by this Court joining him as a party to this suit. In the premises the Applicant has no locus standito bring the application, and the same is struck out.
The Applicant shall bear the costs of the application.
Dated, signed and delivered in open court at Nairobi this 19th day of June, 2012.
P. NYAMWEYA
JUDGE