[2019] KESC 76 (KLR)
The Supreme Court allowed the application for substitution because the applicants had obtained letters of administration ad litem for the purpose of representing the deceased's estate in the appeal, and there was no objection from any of the respondents. The court found that the requirements for substitution under...
Source-derived case information.
- Citation
- [2019] KESC 76 (KLR)
- Parties
- Applicant: Leah Waithira Njenga; Respondent: Republic; Respondent: Minister for Land & Settlement; Respondent: Commissioner of Lands; Respondent: A.S Waweru; Applicant: Jacob Njenga Muiruri; Applicant: Mark Kamau Njenga
- Court
- Supreme Court
- Court Station
- Supreme Court of Kenya
- Jurisdiction
- Kenya
- Case Number
- Petition 10 of 2018
- Procedural Posture
- Petition Application / Application for Substitution of Parties Following Death of Petitioner
- Outcome
- Application for substitution allowed; no order as to costs.
- Judges
- I Lenaola
- Legal Topics
- Substitution of Parties, Letters of Administration, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Leah Waithira Njenga
Applicant
Republic
Respondent
Minister for Land & Settlement
Respondent
Commissioner of Lands
Respondent
A.S Waweru
Respondent
Jacob Njenga Muiruri
Applicant
Mark Kamau Njenga
Applicant
Procedural Posture
Petition Application / Application for Substitution of Parties Following Death of Petitioner
Legal Issues
- 1 Whether the legal representatives of a deceased petitioner may be substituted as parties to continue the appeal.
- 2 Whether there is any objection to the application for substitution.
Ratio Decidendi
The Supreme Court allowed the application for substitution because the applicants had obtained letters of administration ad litem for the purpose of representing the deceased's estate in the appeal, and there was no objection from any of the respondents. The court found that the requirements for substitution under the Civil Procedure Rules had been met, and that the interests of justice required that the appeal proceed with the proper parties representing the deceased's estate.
Court Disposition
Application for substitution allowed; no order as to costs.
Orders
- Jacob Njenga Muiruri and Mark Kamau Njenga are enjoined as 1st and 2nd Petitioners in place of the deceased, Leah Waithira Njenga.
- No order as to costs.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE SUPREME COURT OF KENYA AT NAIROBI
(Coram: Maraga CJ &P, Mwilu DCJ & VP, Ibrahim, Wanjala, & Lenaola SCJJ)
PET (APPLICATION) NO. 10 OF 2018
LEAH WAITHIRA NJENGA..........................APPLICANT/PETITIONER
-VERSUS-
REPUBLIC......................................................................1ST RESPONDENT
MINISTER FOR LAND & SETTLEMENT...............2ND RESPONDENT
COMMISSIONER OF LANDS....................................3RD RESPONDENT
A.S WAWERU................................................................4TH RESPONDENT
(Being an appeal arising from the Judgment of the Court of Appeal given at Nairobi on 4th May 2018 in Civil Appeal No. 269 of 2013).
R U L I N G
[1] We have an application dated 6th December 2018 and filed in Court on 10th December 2018 for orders that Jacob Njenga Muiruri and Mark Kamau Njenga, the widower and son of Leah Waithira Njenga (the deceased), respectively, and the legal representative of the deceased’s estate be enjoined in this matter as the 1st and 2nd Petitioners in place of the deceased together with the costs of the application.
[2] The facts of this case are that the deceased instituted an appeal before this Court on 18th June, 2018. Unfortunately, she passed away on the 3rd of August 2018. Jacob Njenga Muiruri and Mark Kamau Njenga (the applicants/intended petitioners) have applied to be enjoined in this appeal in place of the deceased. Upon their application, on 7th November 2018, the High Court at Nyahururu granted them letters of administration ad litem for the purposes of their joinder in this appeal in place of the deceased.
[3] Despite service, the 1st to 3rd Respondents have not responded to this application. Though he has also not put in any written response, when the matter came up for mention on 10th January 2019 before the Deputy Registrar, the 4th Respondent attended and stated that he has no objection to this application.
[4] In the circumstances, and there being no objection to the application, the same is hereby allowed with no order as to costs.
It is so ordered.
DATED and DELIVERED at NAIROBI this 29th day of April, 2019.
.......................................................... ...............................................................................
D.K. MARAGA P.M. MWILU
CHIEF JUSTICE & PRESIDENT DEPUTY CHIEF JUSTICE & DEPUTY
SUPREME COURT OF KENYA PRESIDENT OF SUPREME COURT
............................................................... ..................................................................
M. IBRAHIM S. WANJALA
JUSTICE OF THE SUPREME COURT JUSTICE OF THE SUPREME COURT
.......................................................................
I. LENAOLA
JUSTICE OF THE SUPREME COURT
I certify that this is atrue copy of the original
REGISTRAR
SUPREME COURT OF KENYA