[2025] KEELC 5097 (KLR)

[2025] KEELC 5097 (KLR)

The court found that the applicant, Esther Muthoni David, had produced a valid death certificate for the deceased 5th plaintiff and a limited grant of letters of administration issued by the Chief Magistrate Court at Meru. There being no opposition to the application, and the requirements of Order 24 of the Civil...

Source-derived case information.

Citation
[2025] KEELC 5097 (KLR)
Parties
Plaintiff: Patrick Mutai M’Rwito; Plaintiff: Cecilia Gaiti M’Rwito; Plaintiff: Jediel Muthuri Chabari; Plaintiff: Kenneth Kirimi Chabari; Plaintiff: David Mutwiri M’Rimbera (deceased); Defendant: Peterson Kobia (Sued as a Legal Representative of and Administrator of the Estate of the Late Chabari Manga –Deceased); Applicant: Esther Muthoni David
Court
Environment and Land Court
Court Station
Environment and Land Court at Meru
Jurisdiction
Kenya
Case Number
Enviromental and Land Originating Summons E013 of 2022
Procedural Posture
Environment and Land Originating Summons / Ruling on Substitution Application
Outcome
Application for substitution allowed.
Judges
BM Eboso
Legal Topics
Substitution of Parties, Estate Administration, Death of Party, Amendment of Pleadings
Source Language
en
Civil Procedure Land and Property Substitution of Parties Estate Administration Death of Party Amendment of Pleadings

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Parties

Patrick Mutai M’Rwito

Plaintiff

Cecilia Gaiti M’Rwito

Plaintiff

Jediel Muthuri Chabari

Plaintiff

Kenneth Kirimi Chabari

Plaintiff

David Mutwiri M’Rimbera (deceased)

Plaintiff

Peterson Kobia (Sued as a Legal Representative of and Administrator of the Estate of the Late Chabari Manga –Deceased)

Defendant

Esther Muthoni David

Applicant

Procedural Posture

Environment and Land Originating Summons / Ruling on Substitution Application

Legal Issues

  1. 1 Whether the applicant should be substituted as the 5th plaintiff in place of the deceased David Mutwiri M’Rimbera.
  2. 2 Whether the application for substitution meets the procedural requirements under the law.

Ratio Decidendi

The court found that the applicant, Esther Muthoni David, had produced a valid death certificate for the deceased 5th plaintiff and a limited grant of letters of administration issued by the Chief Magistrate Court at Meru. There being no opposition to the application, and the requirements of Order 24 of the Civil Procedure Rules having been satisfied, the court allowed the application for substitution. The court ordered that Esther Muthoni David be substituted as the 5th plaintiff in place of the deceased, and directed that the amended originating summons be filed and served within 14 days.

Court Disposition

Application for substitution allowed.

Orders

  • Esther Muthoni David is substituted as the 5th plaintiff in place of the deceased David Mutwiri M’Rimbera.
  • The amended originating summons shall be filed and served within 14 days.