[2018] KEELC 3785 (KLR)
The court found that the applicants, being the sons of the deceased defendant and having obtained limited grant of administration ad litem, were proper persons to be substituted as defendants in the pending suit. The application was unopposed, and the substitution was necessary to enable the matter to proceed to...
Source-derived case information.
- Citation
- [2018] KEELC 3785 (KLR)
- Parties
- Plaintiff: M’Marete M’Mukui; Defendant: M’Arithi M’Kugwiria (deceased), substituted by Titus Murithi Arithi & Terah Kirimi Arithi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 191 of 2012
- Procedural Posture
- Miscellaneous Application / Ruling on Substitution of Parties Due to Death of Defendant
- Outcome
- application allowed
- Judges
- FM Njoroge
- Legal Topics
- Substitution of Parties, Letters of Administration, Pending Judgment, Death of Defendant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M’Marete M’Mukui
Plaintiff
M’Arithi M’Kugwiria (deceased), substituted by Titus Murithi Arithi & Terah Kirimi Arithi
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Substitution of Parties Due to Death of Defendant
Legal Issues
- 1 Whether the legal representatives of the deceased defendant should be substituted as parties to enable the matter to proceed to judgment.
Ratio Decidendi
The court found that the applicants, being the sons of the deceased defendant and having obtained limited grant of administration ad litem, were proper persons to be substituted as defendants in the pending suit. The application was unopposed, and the substitution was necessary to enable the matter to proceed to judgment. The court therefore allowed the application for substitution and ordered that costs be in the cause.
Court Disposition
application allowed
Orders
- Titus Murithi Arithi and Terah Kirimi Arithi are substituted as the legal representatives of the estate of M’Arithi M’Kugwiria (deceased) as defendants in the case.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
MERU ELC CASE NO. 191 OF 2012
M’MARETE M’MUKUI................................PLAINTIFF
VERSUS
M’ARITHI M’KUGWIRIA.......................DEFENDANT
RULING
1. This application is dated 25th January, 2018 and seeks the following orders:
1. That Titus Murithi Arithi & Terah Kirimi Arithi be substituted as the legal representatives of the estate of M’Arithi M’Kugwiria – Deceased as the defendant is (sic) in the case.
2. That the costs of this application be provided for.
2. The application has the following grounds:
a) That the deceased M’ARITHI M’KUGWIRIA was the defendant in the above case and died on 29th August, 2016 before E & L No. 191 of 2012 was finalized.
b) That TITUS MURITHI ARITHI & TERAH KIRIMI ARITHI are the sons of the deceased and the defendant and are willing to be substituted in this matter which is pending for judgment.
c) That we have taken out Limited Grant of Administration AD-LITEM of the estate of the deceased M’ARITHI M’KUGWIRIA for the purposes of proceeding with this matter.
3. The application is supported by the affidavit of TERAH KIRIMI ARITHI sworn on 25th January, 2018 AND which states:-
I, TERAH KIRIMI ARITH OF P. O. BOX 2387-60200 MERU do hereby make oath and state as follows:-
1. That I and TITUS MURITHI ARITHI are the sons of the deceased M’ARITHI M’KUGWIRIA and I swear this affidavit on my behalf and that of my brother TITUS MURITHI ARITHI.
2. That the said M’Arithi M’Kugwiria died on 29th August, 2016 and left a pending case No. 191 of 2012 where he was the defendant (annexed is a death certificate marked “TKA 1”).
3. That the plaintiff had sued our father claiming land as per attached plaint marked “TKA2” and our father filed defence denying the claim as per defence marked “TKA3”.
4. That we have obtained limited letters of administration of the estate of the deceased for the purposes of proceeding with the matter (annexed is the same marked “TKA4”).
5. That I am informed by my advocate on record that submissions were filed and what is remaining now is only judgment.
6. That it is my prayer that we be allowed to substitute our father in this matter.
7. That all what is deponed to above is true to the best of my knowledge, information and belief.
4. When the application came up for interpartes hearing on 14th March, 2018, it transpired that it was not opposed.
5. In the circumstances, this application is allowed.
6. Costs shall be in the cause.
Delivered in open court at Chuka this 16th day of April, 2018 in the presence of:
CA: Ndegwa
Miss Kiome for defendant/applicant
M’Marete Mukui – plaintiff
P.M. NJOROGE
JUDGE