[2014] KEHC 2482 (KLR)
The court found that the application for substitution was unopposed and that allowing the substitution would enable the continuation of the main suit. In the interest of justice and to avoid abatement of the suit due to the death of the original plaintiff, the court exercised its discretion to allow Judith Kangai...
Source-derived case information.
- Citation
- [2014] KEHC 2482 (KLR)
- Parties
- Applicant: M'Rama M'Mitambo; Respondent: Nkonge Rubara
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 48 of 2010
- Procedural Posture
- Civil Case / Ruling on Application for Substitution of Deceased Party
- Outcome
- application allowed
- Judges
- FM Njoroge
- Legal Topics
- Substitution of Parties, Death of Litigant, Continuation of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M'Rama M'Mitambo
Applicant
Nkonge Rubara
Respondent
Procedural Posture
Civil Case / Ruling on Application for Substitution of Deceased Party
Legal Issues
- 1 Whether Judith Kangai Nyaga should be allowed to proceed with Civil Suit No. 48 of 2010 on behalf of the deceased M'Rama M'Mitambo.
Ratio Decidendi
The court found that the application for substitution was unopposed and that allowing the substitution would enable the continuation of the main suit. In the interest of justice and to avoid abatement of the suit due to the death of the original plaintiff, the court exercised its discretion to allow Judith Kangai Nyaga to proceed with the suit on behalf of the deceased. The court also directed that costs of the application would be in the cause.
Court Disposition
application allowed
Orders
- Judith Kangai Nyaga is allowed to proceed with Civil Suit No. 48 of 2010 on behalf of the deceased M'Rama M'Mitambo.
- Costs of the application shall be in the cause.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL CASE NO. 48 OF 2010 (OS)
M'RAMA M'MITAMBO..................................................APPLICANT
VERSUS
NKONGE RUBARA...............................................RESPONDENT
R U L I N G
This application is dated 22nd May, 2013 and seeks orders:
THAT this honourable Court be pleased to allow Judith Kangai Nyaga to proceed with the Civil Suit No. 48 of 2010 on behalf of the deceased M'Rama Mitambo.
THAT costs of this application be provided for.
On 16. 9.2013, Mr. Nyamu Nyaga holding brief for Kiautha Arithi urged the Court to have the application allowed as it was not opposed. Today the 2nd of July, 2014 the application remains unopposed. To allow the parties to proceed with the hearing of the main suit, I allow the application.
Costs shall be in the cause.
Delivered in Open Court at Meru this 2nd day of July, 2014 in the presence of:
Cc. Lilian/Daniel
M/s Thirabu for Plaintiff
Gatari Ringera for Defendant
P. M. NJOROGE
JUDGE