[2019] KEELC 3212 (KLR)

[2019] KEELC 3212 (KLR)

The court found that the Applicant applied for Letters of Administration within one year of the 2nd Plaintiff's death, but the delay in issuance was due to late gazettement, which was outside her control. The Applicant provided a satisfactory explanation for not filing the application for substitution within the...

Source-derived case information.

Citation
[2019] KEELC 3212 (KLR)
Parties
Plaintiff: Joyce Ndungwa Kitonga; Plaintiff: Samuel Mackenzie Kyalo; Defendant: Lither Peter Muia; Defendant: Rose Peter Muia; Defendant: Martha Kinyamacyo; Applicant: Peggie Mwenesi Kyalo
Court
Environment and Land Court
Court Station
Environment and Land Court at Machakos
Jurisdiction
Kenya
Judgment Date
24 May 2019
Case Number
Environment & Land Case 43 of 2014
Procedural Posture
Notice of Motion / Ruling on Application to Revive Abated Suit and Extension of Time for Substitution
Outcome
application allowed
Judges
OA Angote
Legal Topics
Abatement of Suit, Revival of Suit, Substitution of Parties, Letters of Administration
Source Language
english
Civil Procedure Land and Property Abatement of Suit Revival of Suit Substitution of Parties Letters of Administration

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Parties

Joyce Ndungwa Kitonga

Plaintiff

Samuel Mackenzie Kyalo

Plaintiff

Lither Peter Muia

Defendant

Rose Peter Muia

Defendant

Martha Kinyamacyo

Defendant

Peggie Mwenesi Kyalo

Applicant

Procedural Posture

Notice of Motion / Ruling on Application to Revive Abated Suit and Extension of Time for Substitution

Legal Issues

  1. 1 Whether the court should revive the 2nd Plaintiff's suit which has abated.
  2. 2 Whether the court should extend time for filing an application for substitution of the deceased 2nd Plaintiff with his legal representative.

Ratio Decidendi

The court found that the Applicant applied for Letters of Administration within one year of the 2nd Plaintiff's death, but the delay in issuance was due to late gazettement, which was outside her control. The Applicant provided a satisfactory explanation for not filing the application for substitution within the prescribed period. The court exercised its discretion under Order 24 Rule 3(2) of the Civil Procedure Rules to allow the revival of the abated suit and granted leave for the Applicant to file an application for substitution out of time. The court emphasized that the crucial consideration is whether good reason for the delay has been provided, and in this case, it was satisfied...

Court Disposition

application allowed

Orders

  • The 2nd Plaintiff’s suit which had abated is hereby revived.
  • The Applicant is given leave to file an application to be joined in these proceedings out of time, within twenty one (21) days.