[2017] KEELC 265 (KLR)
The court found that Teresa Mungiria had been appointed as the legal representative of the deceased 1st defendant, M’Mungiria M’Thura, as evidenced by the grant annexed to the application. The respondent did not deny her status as legal representative or her relationship to the deceased. The court held that she is...
Source-derived case information.
- Citation
- [2017] KEELC 265 (KLR)
- Parties
- Plaintiff: M’Itwamwari M’Mwirichia; Defendant: M’Mungiria M’Thura; Defendant: Josphine Kinanu; Respondent: Teresa Mungiria
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 157 of 1996
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Substitute Deceased Defendant With Legal Representative
- Outcome
- application allowed
- Legal Topics
- Substitution of Parties, Legal Representative, Death of Defendant, Joinder of Parties
- 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
M’Itwamwari M’Mwirichia
Plaintiff
M’Mungiria M’Thura
Defendant
Josphine Kinanu
Defendant
Teresa Mungiria
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Substitute Deceased Defendant With Legal Representative
Legal Issues
- 1 Whether Teresa Mungiria should be substituted as a party in place of the deceased 1st defendant as his legal representative.
- 2 Whether the application for substitution is properly supported by evidence of grant of representation.
Ratio Decidendi
The court found that Teresa Mungiria had been appointed as the legal representative of the deceased 1st defendant, M’Mungiria M’Thura, as evidenced by the grant annexed to the application. The respondent did not deny her status as legal representative or her relationship to the deceased. The court held that she is the proper person to be substituted as a party in the suit in place of the deceased. The application for substitution was therefore allowed as drawn, with no order as to costs.
Court Disposition
application allowed
Orders
- Teresa Mungiria is hereby made a party in this suit as the legal representative of the 1st defendant (deceased) for purposes of this suit.
- No order as to costs.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MERU
ELC CASE NO. 157 OF 1996
M’ITWAMWARI M’MWIRICHIA...................PLAINTIFF
VERSUS
M’MUNGIRIA M’THURA .........................1ST DEFENDANT
JOSPHINE KINANU...................................2ND DEFENDANT
R U L I N G
1. The Notice of Motion dated 19th June, 2017 seeks the following orders:-
a) TERESA MUNGIRIA be made a party in this suit as the legal representative of the 1st defendant (deceased) herein for purposes of this suit.
b) Costs of this application be in the cause.
2. The Application is based in the grounds that:-
a) The 1st defendant died on 10/5/2015 and Teresa Mungiria has been appointed his legal representative vide CMCC Misc Succ Cause No. 43 of 2017.
3. There is a Supporting Affidavit of the Applicant (Plaintiff) whereby he has annexed a copy of the grant issued to one Teresa Mungiria.
The Respondent (Teresa Mungira) has filed a Replying Affidavit where she states that her and her family know nothing about this case.
I find that Respondent has not denied that she is now the legal representative of the estate of M’Mungira M’Thura. If anything, she has admitted that she is wife of deceased.
In the circumstances, I find that she is the proper person to be enjoined in this suit.
The application is hence allowed as drawn, with no orders as to costs.
DELIVERED, SIGNED AND DATED THIS 24TH OCTOBER, 2017 IN THE PRESENCE OF:-
CA Janet
Mwiti H/B for Mwangi for Applicant
Teresa Mungiria
HON. L.N. MBUGUA
ELC JUDGE