[2017] KEELC 3143 (KLR)

[2017] KEELC 3143 (KLR)

The court found that the 2nd Defendant, having died, was lawfully substituted with his legal representative pursuant to the court's orders of 18th May 2015. As a result, the Notice of Motion dated 6/11/2015, which sought to challenge or delay this substitution, was rendered baseless and was accordingly dismissed....

Source-derived case information.

Citation
[2017] KEELC 3143 (KLR)
Parties
Plaintiff: Joseph Warari Gathoga; Defendant: Charles Okindo Oteki; Defendant: Jackson Githua Ngunjiri; Defendant: The Attorney General
Court
Environment and Land Court
Court Station
Environment and Land Court at Nairobi
Jurisdiction
Kenya
Case Number
Environment & Land Case 7 of 2007
Procedural Posture
Notice of Motion / Ruling on Substitution of Deceased Defendant and Dismissal of Motion
Outcome
Notice of Motion dated 6/11/2015 dismissed; further mention scheduled; directions on service given.
Judges
MM Gitumbi
Legal Topics
Substitution of Parties, Deceased Defendant, Procedural Orders
Source Language
en
Land and Property Substitution of Parties Deceased Defendant Procedural Orders

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Parties

Joseph Warari Gathoga

Plaintiff

Charles Okindo Oteki

Defendant

Jackson Githua Ngunjiri

Defendant

The Attorney General

Defendant

Procedural Posture

Notice of Motion / Ruling on Substitution of Deceased Defendant and Dismissal of Motion

Legal Issues

  1. 1 Whether the 2nd Defendant was lawfully substituted with his legal representative after his death.
  2. 2 Whether the Notice of Motion dated 6/11/2015 should be dismissed in light of the substitution.

Ratio Decidendi

The court found that the 2nd Defendant, having died, was lawfully substituted with his legal representative pursuant to the court's orders of 18th May 2015. As a result, the Notice of Motion dated 6/11/2015, which sought to challenge or delay this substitution, was rendered baseless and was accordingly dismissed. The court further directed that the matter be mentioned on 20th June 2017 and that the Plaintiff serve the Defendant. The decision was grounded in the procedural rules governing substitution of parties upon death and the fact that the court had already made a valid order for substitution.

Court Disposition

Notice of Motion dated 6/11/2015 dismissed; further mention scheduled; directions on service given.

Orders

  • Notice of Motion dated 6/11/2015 is dismissed.
  • Matter to be mentioned on 20/6/2017.