[2016] KEHC 5884 (KLR)
The court found that the applicant, having obtained a Grant of Letters of Administration Ad litem, was entitled to be substituted as the plaintiff in place of the deceased. The application was unopposed, and there was no evidence of prejudice to the defendants. The court emphasized the need for expeditious disposal...
Source-derived case information.
- Citation
- [2016] KEHC 5884 (KLR)
- Parties
- Plaintiff: M'KUBANIA NDWARA; Defendant: CATERINA M'IBUI; Defendant: THURANIRA THIRITU; Defendant: FARID VIMLA; Defendant: THE DISTRICT LAND ADJUDICATION OFFICER, MERU NORTH; Defendant: THE HON. ATTORNEY GENERAL; Applicant: Florence Kabirithu Inda
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 9 of 2006
- Procedural Posture
- Civil Suit / Ruling on Application for Substitution of Plaintiff
- Outcome
- application allowed
- Judges
- FM Njoroge
- Legal Topics
- Substitution of Parties, Letters of Administration, Estate Management, Land Adjudication
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M'KUBANIA NDWARA
Plaintiff
CATERINA M'IBUI
Defendant
THURANIRA THIRITU
Defendant
FARID VIMLA
Defendant
THE DISTRICT LAND ADJUDICATION OFFICER, MERU NORTH
Defendant
THE HON. ATTORNEY GENERAL
Defendant
Florence Kabirithu Inda
Applicant
Procedural Posture
Civil Suit / Ruling on Application for Substitution of Plaintiff
Legal Issues
- 1 Whether Florence Kabirithu Inda should be substituted as plaintiff as legal representative of the deceased.
- 2 Whether the application for substitution is meritorious and prejudicial to the defendants.
Ratio Decidendi
The court found that the applicant, having obtained a Grant of Letters of Administration Ad litem, was entitled to be substituted as the plaintiff in place of the deceased. The application was unopposed, and there was no evidence of prejudice to the defendants. The court emphasized the need for expeditious disposal of the suit, which had been pending for ten years. The application was therefore allowed to facilitate the continuation and determination of the suit on its merits.
Court Disposition
application allowed
Orders
- Florence Kabirithu Inda is hereby made a party as the legal representative of the estate of the late M'KUBANIA NDWARA, the plaintiff, for purposes of prosecuting this suit.
- Costs of the application shall be in the cause.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL SUIT NO.9 OF 2006
M'KUBANIA NDWARA...................................................................................PLAINTIFF
VERSUS
CATERINA M'IBUI.............................................................................1ST DEFENDANT
THURANIRA THIRITU....................................................................2ND DEFENDANT
FARID VIMLA …...............................................................................3RD DEFENDANT
THE DISTRICT LAND ADJUDICATION
OFFICER,MERU NORTH...............................................................4TH DEFENDANT
THE HON. ATTORNEY GENERAL.................................................5TH DEFENDANT
R U L I N G
This application is dated 11/03/2013 and seeks orders:-
THAT this Honouarble Court be pleased to certify this application urgent and the same be heard for prayer No. 2 on priority basis.
THAT this Honourable Court be pleased to allow one FLORENCE KABIRITHU INDA to be made a party herein as the Legal Representative of the Estate of the late M'KUBANIA NDWARA, the Plaintiff herein for purposes of taking over as the plaintiff and proceeding as such in the prosecution of this suit.
THAT the costs of this Application be costs in the cause.
The application is supported by the affidavit of Florence Kabirithu Inda, the applicant and has the following grounds:-
The Deceased died intestate at Mutionjuri Village in Meru County within the Republic of Kenya out of natural causes.
The Deceased had prior to filed this suit and which was still pending for determination at the time of his death.
The Applicant is the deceased's biological daughter and has now been issued with a Grant of Letters of Administration Ad litem for purposes of taking over and prosecuting this suit.
The said Application is brought to Court in utmost urgency and should be heard and considered on priority basis.
This Application is brought to Court in utmost good faith and the prayers being sought for, if granted, will not in any prejudice the Defendants' case , if any.
The nature and circumstances hereof are in favour of granting of the prayers being sought for vide this application.
Mr. Nyamu Nyaga, the applicant's Advocate has told the Court that this application has not been opposed. He has asked the Court to allow it.
I do detest the use of pending applications as excuses for delaying hearing and determination of suits. This suit is 10 years old and I do opine that it deserves expeditions disposal.
Allowing this application will not be prejudicial to any of the parties . I find it meritorious to allow it.
In the circumstances, the application is allowed in terms of prayer 2.
Costs shall be in the cause.
It is so ordered.
Delivered in Open Court at Meru this8th day of March, 2016 in the presence of:
CC: Lilian/Daniel
Nyamu Nyaga for the Plaintiff
P. M. NJOROGE
JUDGE