[2021] KEELC 4451 (KLR)
The court found that Janja Mwauchi had been duly appointed as the legal representative of the deceased 1st respondent, Mwauchi Bembito, by a court of competent jurisdiction through a grant of letters of administration limited to representing the deceased in the present proceedings. There being no opposition and the...
Source-derived case information.
- Citation
- [2021] KEELC 4451 (KLR)
- Parties
- Applicant: Justin Boso & 2 Others; Respondent: Mwauchi Bembito & 2 Others; Respondent: Janja Mwauchi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 7 of 2019
- Procedural Posture
- Miscellaneous Application / Application for Substitution of Deceased Respondent
- Outcome
- application allowed
- Legal Topics
- Substitution of Parties, Letters of Administration, Representation of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Justin Boso & 2 Others
Applicant
Mwauchi Bembito & 2 Others
Respondent
Janja Mwauchi
Respondent
Procedural Posture
Miscellaneous Application / Application for Substitution of Deceased Respondent
Legal Issues
- 1 Whether the deceased 1st respondent, Mwauchi Bembito, should be substituted by Janja Mwauchi as his legal representative in the proceedings.
Ratio Decidendi
The court found that Janja Mwauchi had been duly appointed as the legal representative of the deceased 1st respondent, Mwauchi Bembito, by a court of competent jurisdiction through a grant of letters of administration limited to representing the deceased in the present proceedings. There being no opposition and the requirements of Order 24 Rule 4 of the Civil Procedure Rules, 2010 having been satisfied, the court allowed the application for substitution. The petition is to be amended accordingly to reflect the substitution, with no order as to costs.
Court Disposition
application allowed
Orders
- Janja Mwauchi is substituted as the legal representative of the deceased 1st respondent, Mwauchi Bembito.
- The petition shall be amended to reflect the substitution.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA
AT MOMBASA
PETITION NO. 7 OF 2019
JUSTIN BOSO & 2 OTHERS........................................PETITIONERS
VERSUS
MWAUCHI BEMBITO & 2 OTHERS.......................RESPONDENTS
RULING
(Application for substitution of the deceased 1st respondent by his legal representative; application allowed)
1. The application before me is that dated 15 October 2020 and filed on 16 October 2020. It is brought pursuant to the provisions of Order 24 Rule 4 of the Civil Procedure Rules, 2010 and the substantive order sought is that the deceased 1st respondent, Mwauchi Bembito, be substituted by one Janja Mwauchi, being his legal representative.
2. I have gone through the application and the supporting affidavit of Justin Boso, the 1st petitioner. He has deposed that upon the death of the 1st respondent, no substitution was done and they were forced to file a petition to have Janja Mwauchi nominated and appointed as legal representative. He has annexed a grant of letters of administration issued in Mombasa High Court, Succession Cause No. E002 of 2020.
3. I have looked at the grant and it does state as follows :-
“That the letters of administration for the estate of Mwauchi Bembito be granted to the nominee herein Janja Mwauchi limited for the purpose of representing the deceased in ELC Petition No. 7 of 2019. ”
4. It will thus be seen that Janja Mwauchi has been appointed by a court of competent jurisdiction to represent the estate of Mwauchi Bembito. Given that position, I have no reason to deny this application and it is hereby allowed. I direct that the petition be duly amended to reflect the substitution.
5. I make no orders as to costs.
DATED AND DELIVERED THIS 20 DAY OF JANUARY 2021
JUSTICE MUNYAO SILA
JUDGE, ENVIRONMENT AND LAND COURT OF KENYA
AT MOMBASA