[2014] KEHC 6101 (KLR)

[2014] KEHC 6101 (KLR)

The court allowed the application for substitution by consent of the parties, recognizing that upon the death of a defendant, substitution is necessary for the suit to proceed. The parties agreed that Peter Kinyua Mwai and John Karigu Mwai would be substituted as the 2nd and 3rd defendants in place of the deceased...

Source-derived case information.

Citation
[2014] KEHC 6101 (KLR)
Parties
Plaintiff: M'Muthaura M'Mikua; Defendant: Eustace R. Muchiri; Defendant: Nahashon Mwai Gatere (deceased); Defendant: Peter Kinyua Mwai; Defendant: John Karigu Mwai
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Case Number
Civil Case 50 of 2008
Procedural Posture
Miscellaneous Application / Ruling on Substitution of Parties
Outcome
Application for substitution allowed by consent; costs in the cause.
Judges
FM Njoroge
Legal Topics
Substitution of Parties, Death of Defendant, Costs in the Cause
Source Language
en
Civil Procedure Substitution of Parties Death of Defendant Costs in the Cause

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Parties

M'Muthaura M'Mikua

Plaintiff

Eustace R. Muchiri

Defendant

Nahashon Mwai Gatere (deceased)

Defendant

Peter Kinyua Mwai

Defendant

John Karigu Mwai

Defendant

Procedural Posture

Miscellaneous Application / Ruling on Substitution of Parties

Legal Issues

  1. 1 Whether Peter Kinyua Mwai and John Karigu Mwai should be substituted as the 2nd and 3rd defendants in place of the deceased Nahashon Mwai Gatere.
  2. 2 Who should bear the costs of the application.

Ratio Decidendi

The court allowed the application for substitution by consent of the parties, recognizing that upon the death of a defendant, substitution is necessary for the suit to proceed. The parties agreed that Peter Kinyua Mwai and John Karigu Mwai would be substituted as the 2nd and 3rd defendants in place of the deceased Nahashon Mwai Gatere. The court further ordered that costs of the application would be in the cause, reflecting the parties' consent and the standard practice in such procedural applications.

Court Disposition

Application for substitution allowed by consent; costs in the cause.

Orders

  • Peter Kinyua Mwai and John Karigu Mwai are substituted as the 2nd and 3rd defendants in place of Nahashon Mwai Gatere (deceased).
  • Costs of the application to be in the cause.