[2014] KEELC 120 (KLR)

[2014] KEELC 120 (KLR)

The court found that the applicants, Susan Chelugui and David Chelugui, had produced a confirmed grant of letters of administration for the estate of the deceased 1st defendant, Noah Kimngeny Chelugui. There was no opposition to the application for substitution from any party. The court held that, in accordance with...

Source-derived case information.

Citation
[2014] KEELC 120 (KLR)
Parties
Plaintiff: Kaptingei Chemgor and 40 Others; Defendant: Noah Kimngeny Chelugui (deceased, now substituted by Susan Chelugui and David Chelugui); Defendant: Stanley Arap Metto; Defendant: Ramji D. Vekaria
Court
Environment and Land Court
Court Station
Environment and Land Court at Eldoret
Jurisdiction
Kenya
Case Number
Environment & Land Case 404 of 2013
Procedural Posture
Miscellaneous Application / Ruling on Application for Substitution of Deceased Party
Outcome
application allowed
Legal Topics
Substitution of Parties, Letters of Administration, Deceased Estates, Procedural Applications
Source Language
en
Civil Procedure Land and Property Substitution of Parties Letters of Administration Deceased Estates Procedural Applications

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Parties

Kaptingei Chemgor and 40 Others

Plaintiff

Noah Kimngeny Chelugui (deceased, now substituted by Susan Chelugui and David Chelugui)

Defendant

Stanley Arap Metto

Defendant

Ramji D. Vekaria

Defendant

Procedural Posture

Miscellaneous Application / Ruling on Application for Substitution of Deceased Party

Legal Issues

  1. 1 Whether the applicants should be substituted for the deceased 1st defendant in the ongoing proceedings.
  2. 2 Whether the applicants have the legal standing to be substituted as parties.

Ratio Decidendi

The court found that the applicants, Susan Chelugui and David Chelugui, had produced a confirmed grant of letters of administration for the estate of the deceased 1st defendant, Noah Kimngeny Chelugui. There was no opposition to the application for substitution from any party. The court held that, in accordance with Order 24 Rule 4(1) of the Civil Procedure Rules and Section 3A of the Civil Procedure Act, the applicants were entitled to be substituted as the legal representatives of the deceased. The court saw no reason to deny the application and accordingly allowed it, ordering that all future references to the 1st defendant would refer to the two applicants.

Court Disposition

application allowed

Orders

  • Susan Chelugui and David Chelugui are substituted for Noah Kimngeny Chelugui as the 1st defendant.
  • Any reference to the 1st defendant henceforth refers to Susan Chelugui and David Chelugui.