[2004] KEHC 2515 (KLR)
The court found that Fairuz Jepkorir, having been appointed as administrator of the plaintiff's estate, should be made a party to the suit to allow the matter to be determined on its merits. However, the court declined to reinstate the interim orders that had lapsed on 18th September 2001, citing the long...
Source-derived case information.
- Citation
- [2004] KEHC 2515 (KLR)
- Parties
- Plaintiff: Mwajuma Cherono Asman; Defendant: The Commissioner of Lands & 3 Others; Applicant: Fairuz Jepkorir
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- ? 125 of 2001
- Procedural Posture
- Civil Case / Ruling on Application to Substitute Legal Representative and Reinstate Interim Orders
- Outcome
- Application partly allowed.
- Judges
- GMA Dulu
- Legal Topics
- Substitution of Parties, Interim Orders, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Mwajuma Cherono Asman
Plaintiff
The Commissioner of Lands & 3 Others
Defendant
Fairuz Jepkorir
Applicant
Procedural Posture
Civil Case / Ruling on Application to Substitute Legal Representative and Reinstate Interim Orders
Legal Issues
- 1 Whether Fairuz Jepkorir should be made a party to the suit as legal representative of the plaintiff.
- 2 Whether the interim orders that lapsed on 18th September 2001 should be reinstated.
Ratio Decidendi
The court found that Fairuz Jepkorir, having been appointed as administrator of the plaintiff's estate, should be made a party to the suit to allow the matter to be determined on its merits. However, the court declined to reinstate the interim orders that had lapsed on 18th September 2001, citing the long intervening period as a key factor. The applicant was granted liberty to apply specifically for reinstatement of interim orders with proper notice to all concerned parties. Costs were ordered to be in the cause.
Court Disposition
Application partly allowed.
Orders
- Fairuz Jepkorir is made a party to the suit as legal representative of the plaintiff.
- Reinstatement of interim orders is declined at this stage.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT ELDORET
CIVIL CASE NO.125 OF 2001
MWAJUMA CHERONO ASMAN :::::::::::::::::::::::::::::::::::::::::::::::::::::::: PLAINTIFF
VERSUS
THE COMMISSIONER OF LANDS & 3 OTHERS ::::::::::::::::::::::::::::: DEFENDANT
R U L I N G
This is an application dated 4th February 2002 and filed on 15th February 2002. The application was brought under Order XXIII Rule 3 and 12 Civil Procedure Rules and Section 3 and 3A of the Civil Procedure Act. It was brought under certificate of urgency then, but interestingly it came for hearing on 23rd March 2004 more than two years after it was filed.
The application seeks for orders that Fairuz Jepkorir, the legal representative of the plaintiff, be made a party to the suit and secondly that the interim orders that lapsed on 18th September 2001 be re-instated. The application also seeks for costs. The application is supported by an affidavit sworn by the applicant Fairuz Jepkorir on 5th February 2002. The application was heard ex-parte because the Advocates for respondents received service of the hearing notice under protest indicating
that they had not received instructions and were going to apply to withdraw from representing their clients.
On my part, having considered the application and supporting affidavit, I grant orders that the applicant Fairuz Jepkorir, who was appointed administrator of the plaintiff’s estate on 21st January 2002 be made a party to the suit. This I do in the interest of justice, to enable parties to be heard and a decision made on merits of the case. However, at this stage, I decline to reinstate the interim court orders that lapsed on 18th September 2001. The intervening period has been quite long. The applicant is at liberty to apply specifically for the reinstatement of the interim orders and serve notice on the concerned parties for the application to be heard between all interested parties. Costs in the cause.
Dated and delivered at Eldoret this 27th day of April 2004.
George Dulu
Judge
Delivered in the presence of :- Otieno for Applicant
(I certify this a true copy of the Original)
DEPUTY REGISTRAR