[2018] KEELC 2709 (KLR)

[2018] KEELC 2709 (KLR)

The court found that the 1st plaintiff, having passed away, could be properly substituted by the 2nd plaintiff to avoid abatement of the suit. The application for substitution was therefore allowed. Additionally, the court exercised its discretion to transfer the matter to Maua court for determination, likely for...

Source-derived case information.

Citation
[2018] KEELC 2709 (KLR)
Parties
Plaintiff: M’Impwi M’Kanamba; Plaintiff: Eunic Karimi Gitonga; Plaintiff: Banice Makena; Plaintiff: Cyprian Mururia M’Thiruaine; Defendant: Rael Kanau Nthuku Alias Kananu Nthuku
Court
Environment and Land Court
Court Station
Environment and Land Court at Meru
Jurisdiction
Kenya
Case Number
Environment & Land Case 140 of 2017
Procedural Posture
Miscellaneous Application / Ruling on Substitution and Transfer
Outcome
Application allowed; suit transferred.
Legal Topics
Party Substitution, Transfer of Suit, Deceased Litigant, Case Management
Source Language
en
Land and Property Party Substitution Transfer of Suit Deceased Litigant Case Management

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

M’Impwi M’Kanamba

Plaintiff

Eunic Karimi Gitonga

Plaintiff

Banice Makena

Plaintiff

Cyprian Mururia M’Thiruaine

Plaintiff

Rael Kanau Nthuku Alias Kananu Nthuku

Defendant

Procedural Posture

Miscellaneous Application / Ruling on Substitution and Transfer

Legal Issues

  1. 1 Whether the 1st plaintiff, being deceased, should be substituted by the 2nd plaintiff.
  2. 2 Whether the matter should be transferred to Maua court for determination.

Ratio Decidendi

The court found that the 1st plaintiff, having passed away, could be properly substituted by the 2nd plaintiff to avoid abatement of the suit. The application for substitution was therefore allowed. Additionally, the court exercised its discretion to transfer the matter to Maua court for determination, likely for reasons of jurisdiction or convenience. There was no opposition to the application, and the orders sought were within the court's powers under the Civil Procedure Rules and Act.

Court Disposition

Application allowed; suit transferred.

Orders

  • The 1st plaintiff, M’Impwi M’Kanamba, is substituted by the 2nd plaintiff, Eunice Karimi Gitonga.
  • The matter is transferred to Maua court for determination.