[2018] KEELC 4818 (KLR)
The court found that the application for substitution was unopposed and that granting it would facilitate the expeditious hearing and determination of the suit. The substitution of Alexander Njue Marete alias Nyaga Njue Marete as the legal representative of the estate of Agnes Mwimbi (deceased) as the 2nd plaintiff...
Source-derived case information.
- Citation
- [2018] KEELC 4818 (KLR)
- Parties
- Plaintiff: Martin Mugambi & Another; Defendant: Njeru Nyaga alias Ndururu Nyaga; Plaintiff: Alexander Njue Marete alias Nyaga Njue Marete
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 115 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Substitution Application
- Outcome
- application allowed
- Judges
- FM Njoroge
- Legal Topics
- Substitution of Parties, Legal Representatives, Estate of Deceased, Expeditious Hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Martin Mugambi & Another
Plaintiff
Njeru Nyaga alias Ndururu Nyaga
Defendant
Alexander Njue Marete alias Nyaga Njue Marete
Plaintiff
Procedural Posture
Miscellaneous Application / Ruling on Substitution Application
Legal Issues
- 1 Whether Alexander Njue Marete alias Nyaga Njue Marete should be substituted as the legal representative of the estate of Agnes Mwimbi (deceased) as the 2nd plaintiff.
- 2 Whether the court should grant any other orders for the ends of justice.
Ratio Decidendi
The court found that the application for substitution was unopposed and that granting it would facilitate the expeditious hearing and determination of the suit. The substitution of Alexander Njue Marete alias Nyaga Njue Marete as the legal representative of the estate of Agnes Mwimbi (deceased) as the 2nd plaintiff was necessary to ensure that the interests of the deceased's estate were represented and that the proceedings could continue without undue delay. The court exercised its discretion to allow the application in the interests of justice.
Court Disposition
application allowed
Orders
- Alexander Njue Marete alias Nyaga Njue Marete is substituted as the legal representative of the estate of Agnes Mwimbi (deceased) as the 2nd plaintiff for the purposes of the case.
- Any other orders the court deems fit for the ends of justice.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 115 OF 2017
FORMERLY MERU ELC. 100 OF 2009
MARTIN MUGAMBI & ANOTHER…..........…….PLAINTIFFS
VERSUS
NJERU NYAGA ALIAS NDURURU NYAGA…..…DEFENDANT
RULING
1. This application is dated 6th April, 2016 and seeks orders:
1. That Alexander Njue Marete alias Nyaga Njue Marete be substituted as the legal representative of the estate of Agnes Mwimbi (deceased) as the 2nd plaintiff for the purposes of the case.
2. That the honourable court do issue any other prayer it deems fit in the circumstances for the ends of justice to be met.
3. That the cost be provided for.
2. It is unopposed.
3. As it merely seeks to facilitate expeditious hearing of this suit, it is allowed.
Delivered in open court at Chuka this 29th day of January, 2018 in the presence of:
CA: Ndegwa
Miss Kiome for the plaintiff
Kathungu for the defendant
P.M. NJOROGE
JUDGE