[2014] KEHC 2435 (KLR)
The court allowed the application for substitution because it was unopposed and found merit in enabling the proceedings to continue with the proper party representing the deceased defendant's interests. The court exercised its discretion under the Civil Procedure Rules to ensure that justice is served by allowing...
Source-derived case information.
- Citation
- [2014] KEHC 2435 (KLR)
- Parties
- Plaintiff: Luke Kithure Mutiga; Defendant: Jonathan Kithaka Iguna; Defendant: Kathandika Iguna; Defendant: Catherine Ciegoki Kithaka
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 155 (OS) of 2011
- Procedural Posture
- Civil Suit / Ruling on Substitution Application
- Outcome
- application allowed
- Judges
- FM Njoroge
- Legal Topics
- Substitution of Parties, Death of Defendant, Right to Be Heard
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Luke Kithure Mutiga
Plaintiff
Jonathan Kithaka Iguna
Defendant
Kathandika Iguna
Defendant
Catherine Ciegoki Kithaka
Defendant
Procedural Posture
Civil Suit / Ruling on Substitution Application
Legal Issues
- 1 Whether Catherine Ciegoki Kithaka should be substituted as the 1st defendant in place of the deceased.
- 2 Whether the applicant should be allowed to proceed with the defence and counterclaim on behalf of the deceased.
Ratio Decidendi
The court allowed the application for substitution because it was unopposed and found merit in enabling the proceedings to continue with the proper party representing the deceased defendant's interests. The court exercised its discretion under the Civil Procedure Rules to ensure that justice is served by allowing the applicant to proceed with the defence and counterclaim on behalf of the deceased. Costs were ordered to be in the cause.
Court Disposition
application allowed
Orders
- Catherine Ciegoki Kithaka is substituted as the 1st defendant and allowed to proceed with the defence and counterclaim on behalf of the deceased.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
HCC NO.155 (OS) OF 2011
LUKE KITHURE MUTIGA............................................................................PLANTIFF
VERSUS
JONATHAN KITHAKA IGUNA.....................................................1ST DEFENDANT
KATHANDIKA IGUNA..................................................................2ND DEFENDANT
R U L I N G
This application seeks orders:
That Catherine Ciegoki Kithaka be substituted as the 1st Defendant herein and be allowed to proceed with the defence and counterclaim in “Civil Suit No.155 of 2011 (OS) on behalf of the deceased who was the 1st defendant.
That the applicant be given a hearing in these proceedings.
That the Costs of the application be provided for.
When the application came up for hearing on 16. 7.2017 it had not been opposed. In the circumstances, the application is allowed.
Costs shall be in the cause.
Delivered in Open Court at Meru this 15th day of July, 2014 In the presence of:
Cc Daniel/Lilian
Muthamia h/b Rimita for Applicant
P. M. NJOROGE
JUDGE