[2014] KEELC 172 (KLR)
The court found that the applicant, William Kiprop Sile, had demonstrated legal capacity to be substituted as plaintiff by virtue of holding a Grant of Letters of Administration Ad Litem. There was no opposition to the application, and the court saw no reason to decline it. The substitution was necessary to allow...
Source-derived case information.
- Citation
- [2014] KEELC 172 (KLR)
- Parties
- Plaintiff: Kipkemei arap Songok (deceased); Applicant: William Kiprop Sile; Defendant: Barclays Bank of Kenya Ltd
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 184 of 2013
- Procedural Posture
- Miscellaneous Application / Application for Substitution of Deceased Plaintiff
- Outcome
- Application for substitution allowed.
- Legal Topics
- Substitution of Parties, Statutory Power of Sale, Letters of Administration, Amendment of Pleadings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kipkemei arap Songok (deceased)
Plaintiff
William Kiprop Sile
Applicant
Barclays Bank of Kenya Ltd
Defendant
Procedural Posture
Miscellaneous Application / Application for Substitution of Deceased Plaintiff
Legal Issues
- 1 Whether the applicant should be substituted as plaintiff in place of the deceased original plaintiff.
- 2 Whether the applicant has the requisite legal capacity to prosecute the suit on behalf of the deceased estate.
Ratio Decidendi
The court found that the applicant, William Kiprop Sile, had demonstrated legal capacity to be substituted as plaintiff by virtue of holding a Grant of Letters of Administration Ad Litem. There was no opposition to the application, and the court saw no reason to decline it. The substitution was necessary to allow the suit to proceed to determination on its merits, as the original plaintiff was deceased and the applicant was properly empowered to act on behalf of the estate.
Court Disposition
Application for substitution allowed.
Orders
- William Kiprop Sile is substituted as plaintiff in place of Kipkemei arap Songok (deceased).
- The plaint shall be amended to reflect the substitution.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA
AT ELDORET
E&L 184 OF 2013
Formerly HCC 184 OF 2010
KIPKEMEI ARAP SONGOK..................................................PLAINTIFF
VS
BARCLAYS BANK OF KENYA LTD....................................DEFENDANT
(Application to substitute deceased plaintiff; application allowed)
RULING
The application before me is that dated 19 May 2014. It seeks orders to substitute William Kiprop Sile for Kipkemei arap Songok who is now deceased.
The original plaintiff, Kipkemei arap Songok (deceased) filed this suit on 23 December 2010. In the plaint, he pleaded that he is the owner of the land parcels Ngeria/Kesses Block 1 (Cheptabach)/59; Ngeria/Kesses Block 2 (Ongata)/81; Sergoit/Kelji Block 1 (Ngochoi)/10; and Moiben/ Kapsumber Block 1 (Tachasis)/1. These properties were at some point charged to the defendant bank. On 7 December 2010, the bank intimated that it wanted to proceed to exercise its statutory power of sale. That is what prompted this suit.
I have looked at the application and the affidavit. From the same, I can discern that the original plaintiff died on 1 October 2013. The applicant William Kiprop Sile is son to the deceased plaintiff. He has obtained a Grant of Letters of Administration Ad Litem which were issued on 3 April 2014, allowing him to prosecute this suit.
I see no reason why I should decline the application. It is hereby allowed. I order William Kiprop Sile to be substituted for Kipkemei arap Songok (deceased). I further direct that the plaint be amended to reflect this position. The Amended Plaint should be filed and served within 15 days from today. The costs of the application shall be costs in the cause.
It is so ordered.
DATED AND DELIVERED AT ELDORET THIS 8TH DAY OF OCTOBER 2014
JUSTICE MUNYAO SILA
ENVIRONMENT AND LAND COURT AT ELDORET
Delivered in the presence of:
Delivered in the presence of:
Mr. Onkoba holding brief for Mr. Chepkwony for plaintiff/applicant.
N/A for M/s Mohammed & Muigai for defendant/respondent.