[2025] KEELC 3398 (KLR)

[2025] KEELC 3398 (KLR)

The court found that the application for substituted service by advertisement lacked merit because there was no evidence that the respondent, Njagiru Mutwe, was alive. The court noted that the respondent's sons received the purchase price for the suit land in 1977, suggesting that the respondent was likely deceased by then. It is improper to sue or serve a deceased person; instead, the proper parties to sue are the legal representatives of the deceased's estate, who can be traced and served physically. The court emphasized that substituted service is not a remedy where the respondent is deceased, and the applicant should pursue service upon the legal representatives at Maela through the...

Citation
[2025] KEELC 3398 (KLR)
Parties
Applicant: Jerusha Wangari Mwangi; Respondent: Njagiru Mutwe
Court
Environment and Land Court
Court Station
Environment and Land Court at Muranga
Jurisdiction
Kenya
Judgment Date
29 April 2025
Case Number
Enviromental and Land Originating Summons E002 of 2025
Procedural Posture
Originating Summons / Ruling on Service Application
Outcome
Application for substituted service by advertisement dismissed.
Judges
MN Gicheru
Legal Topics
Adverse Possession, Service of Process, Substituted Service, Land Title Disputes
Source Language
English
Civil Procedure Land and Property Adverse Possession Service of Process Substituted Service Land Title Disputes

Case Brief

Summary, issues, holding and outcome

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Parties

Jerusha Wangari Mwangi

Applicant

Njagiru Mutwe

Respondent

Procedural Posture

Originating Summons / Ruling on Service Application

Legal Issues

  1. 1 Whether substituted service by advertisement is appropriate where the respondent cannot be traced.
  2. 2 Whether it is proper to sue and serve a deceased person in land disputes.
  3. 3 Whether legal representatives of a deceased respondent should be sued and served instead.

Ratio Decidendi

The court found that the application for substituted service by advertisement lacked merit because there was no evidence that the respondent, Njagiru Mutwe, was alive. The court noted that the respondent's sons received the purchase price for the suit land in 1977, suggesting that the respondent was likely deceased by then. It is improper to sue or serve a deceased person; instead, the proper parties to sue are the legal representatives of the deceased's estate, who can be traced and served physically. The court emphasized that substituted service is not a remedy where the respondent is deceased, and the applicant should pursue service upon the legal representatives at Maela through the...

Court Disposition

Application for substituted service by advertisement dismissed.

Orders

  • The application for substituted service by advertisement is dismissed.
  • The applicant is directed to sue the legal representatives of the respondent's estate and serve them physically at Maela through the area chief.