[2020] KEELC 3631 (KLR)
The court found that the applicant had obtained the necessary grants of representation for the deceased defendants and was in the process of substituting them when the suit was dismissed. Since the application for reinstatement and substitution was not opposed, and the applicant had demonstrated diligence in seeking...
Source-derived case information.
- Citation
- [2020] KEELC 3631 (KLR)
- Parties
- Plaintiff: Munyua N’Inoti; Defendant: Nkabu Maingi; Defendant: Julius Mutwiri Nkabu; Respondent: Jane Mwari; Respondent: Juster Ruguru James; Respondent: Gladys Ngari Julius; Respondent: Kennedy Kinoti Mutwiri
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 49 of 2003
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Reinstatement and Substitution of Parties
- Outcome
- application allowed
- Legal Topics
- Reinstatement of Suit, Substitution of Parties, Legal Representatives, Dismissal of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Munyua N’Inoti
Plaintiff
Nkabu Maingi
Defendant
Julius Mutwiri Nkabu
Defendant
Jane Mwari
Respondent
Juster Ruguru James
Respondent
Gladys Ngari Julius
Respondent
Kennedy Kinoti Mutwiri
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Reinstatement and Substitution of Parties
Legal Issues
- 1 Whether the suit should be reinstated after dismissal for non-substitution of deceased defendants.
- 2 Whether the proposed legal representatives should be enjoined as parties to substitute the deceased defendants.
Ratio Decidendi
The court found that the applicant had obtained the necessary grants of representation for the deceased defendants and was in the process of substituting them when the suit was dismissed. Since the application for reinstatement and substitution was not opposed, and the applicant had demonstrated diligence in seeking substitution, the court exercised its discretion to allow the reinstatement of the suit and the substitution of the deceased defendants with their legal representatives. The court further found that no prejudice would be occasioned to the respondents by granting the orders sought.
Court Disposition
application allowed
Orders
- The suit is reinstated.
- Jane Mwari and Juster Ruguru James are enjoined as legal representatives of the estate of the 1st defendant.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC CASE NO 49 OF 2003
MUNYUA N’INOTI .......................................................................PLAINTIFF
VERSUS
NKABU MAINGI ................................................................1ST DEFENDANT
JULIUS MUTWIRI NKABU..............................................2ND DEFENDANT
RULING
1. The application before me is the notice of motion dated 1. 8.19 and filed on 24. 9.2019 for reinstatement of the suit which was dismissed on 12. 6.17. The applicant also prays that Jane Mwari and Juster Ruguru James be enjoined in this suit as the legal representatives of the estate of 1st defendant (deceased) and that Gladys Ngari Julius and Kennedy Kinoti Mutwiri be enjoined in this suit as legal representatives of the estate of Julius Mutwiri Nkabu, the 2nd defendant now deceased.
2. The grounds in support of the application are set out on its face and on the affidavit of Munyua Munyoti.
3. I have scrutinized the issues raised by the applicants. It appears that the grants for the respective 1st and 2nd defendants were obtained on 24. 4.17 and on 27. 4.17. The suit was dismissed on 12. 6.19. It is hence clear that the applicant was in the process of having the defendants, substituted when the suit was dismissed.
4. I also find that the application is not opposed. In the circumstances the application dated 1/8/2019 is allowed with no orders as to costs.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS 12TH FEBRUARY, 2020.
IN THE PRESENCE OF:-
C/A: Kananu
Ashaba holding brief for M. Kariuki for plaintiff
Kithinji for proposed respondents
Proposed respondents
HON. LUCY. N. MBUGUA
ELC JUDGE