[2014] KEHC 282 (KLR)
The court found that the respondent had died and the cause of action survived her. A Limited Grant of Letters of Administration had been issued to Romano Mathuka, who was therefore eligible to be substituted as the legal representative of the deceased respondent. All parties, including the intended legal...
Source-derived case information.
- Citation
- [2014] KEHC 282 (KLR)
- Parties
- Applicant: M'Mujuri M'Ithiuki; Respondent: Provincial Land Disputes Tribunal Appeal Committee; Respondent: The Principal Magistrate's Court at Maua; Respondent: Julia Thirindi; Applicant: Romano Mathuka
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 50 of 2009
- Procedural Posture
- Judicial Review / Ruling on Application for Substitution of Deceased Party
- Outcome
- Application allowed. Romano Mathuka appointed as legal representative of the deceased respondent. Costs in the cause.
- Judges
- FM Njoroge
- Legal Topics
- Substitution of Parties, Letters of Administration, Death of Party, Costs Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M'Mujuri M'Ithiuki
Applicant
Provincial Land Disputes Tribunal Appeal Committee
Respondent
The Principal Magistrate's Court at Maua
Respondent
Julia Thirindi
Respondent
Romano Mathuka
Applicant
Procedural Posture
Judicial Review / Ruling on Application for Substitution of Deceased Party
Legal Issues
- 1 Whether the court should appoint Romano Mathuka as the legal representative of the deceased respondent.
- 2 Whether the substitution will prejudice the suit.
- 3 Whether costs should be provided for the application.
Ratio Decidendi
The court found that the respondent had died and the cause of action survived her. A Limited Grant of Letters of Administration had been issued to Romano Mathuka, who was therefore eligible to be substituted as the legal representative of the deceased respondent. All parties, including the intended legal representative, supported the application, and there was no evidence that the substitution would prejudice the suit. The court accordingly allowed the application and ordered that costs be in the cause.
Court Disposition
Application allowed. Romano Mathuka appointed as legal representative of the deceased respondent. Costs in the cause.
Orders
- Romano Mathuka is appointed as the legal representative of the deceased respondent in this cause.
- Costs of the application to be in the cause.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
JR 50 OF 2009
M'MUJURI M'ITHIUKI................................................................................................................APPLICANT
VERSUS
PROVINCIAL LAND DISPUTES TRIBUNAL APPEAL COMMITTEE.......................1ST RESPONDENT
THE PRINCIPAL MAIGSTATE'S COURT AT MAUA.................................................2ND RESPONDENT
JULIA THIRINDI.............................................................................................................INTERSTED PARTY
R U L I N G
This application is dated 11th September, 2014 and seeks orders:
THATthis honourable Court be pleased to appoint ROMANO MATHUKA as the legal representative of the respondent in this cause.
That the costs for and incidental to this application be provided for.
The application has the following grounds:
The respondent has died and her death survives the cause of action.
That the appointment of ROMANO MATHUKA will not prejudice the suit in any way.
I note that a copy of Limited Grant of Letters of Administration is attached.
All parties, including the intended legal representative, Romano Mathuka, have supported the application. It is, therefore, allowed with costs to be in the cause.
Delivered in Open Court at Meru this 16th day of October, 2014 in the presence of:
Cc. Daniel/Lilian
B. G. Kariuki for Exparte Appellant
Kieti for 1st and 2nd Respondents
Romano Mathuka – Interested party
P . M. NJOROGE
JUDGE