[2006] KEHC 1501 (KLR)
The court found that the applicant had demonstrated, through her affidavit and supporting documents, that the original plaintiff was deceased and that she was the administrator of his estate. Under Order XXIII Rule 3 of the Civil Procedure Rules, such substitution is proper. The court therefore allowed the...
Source-derived case information.
- Citation
- [2006] KEHC 1501 (KLR)
- Parties
- Plaintiff: Kimani Muniu; Defendant: Zekiah Njau & Others
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 68 of 1990
- Procedural Posture
- Civil Case / Ruling on Substitution Application
- Outcome
- Application for substitution allowed.
- Judges
- JL Osiemo
- Legal Topics
- Substitution of Parties, Death of Party, Administration of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kimani Muniu
Plaintiff
Zekiah Njau & Others
Defendant
Procedural Posture
Civil Case / Ruling on Substitution Application
Legal Issues
- 1 Whether the applicant should be substituted as plaintiff in place of her deceased husband.
- 2 Whether the applicant has demonstrated she is the administrator of the deceased's estate.
Ratio Decidendi
The court found that the applicant had demonstrated, through her affidavit and supporting documents, that the original plaintiff was deceased and that she was the administrator of his estate. Under Order XXIII Rule 3 of the Civil Procedure Rules, such substitution is proper. The court therefore allowed the application for substitution as prayed in the Chamber Summons dated 15th May 2006.
Court Disposition
Application for substitution allowed.
Orders
- The applicant is substituted as plaintiff in place of her deceased husband as per Prayers 1 of the Chamber Summons dated 15th May 2006.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Civil Case 68 of 1990
KIMANI MUNIU………………………….............................................……………………PLAINTIFF
VERSUS
ZEKIAH NJAU & OTHERS……………...............................................………………..DEFENDANTS
RULING
The applicant by way of this Chamber Summons expressed to be brought under Order XXIII Rule 3 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act seeks Orders that she be substituted in place of her deceased husband the plaintiff herein.
The application is based on the grounds the plaintiff died on 9th May 2002 and she is the administrator of his estate. The application is also supported by sworn affidavit of the applicant.
The application is allowed in terms of Prayers 1 and of the Chamber Summons dated 15th May 2006.
Dated and delivered at Nairobi this 31st day of July 2006.
J.L.A. OSIEMO
JUDGE