[2018] KEELC 2705 (KLR)
The court found that the applicant, Charles Bundi Meme, is entitled to be substituted as the plaintiff to represent the estate of the deceased original plaintiff. The application for substitution was unopposed and met the requirements under the Civil Procedure Rules, allowing the suit to proceed without abatement.
Source-derived case information.
- Citation
- [2018] KEELC 2705 (KLR)
- Parties
- Plaintiff: Naftaly Meme; Defendant: Stanley Mwithimbu; Defendant: Isaac Gitonga & Eliphelet; Defendant: Mugambi t/a Viewline Auctioneers; Defendant: OCS Meru Police Station
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 79 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Substitution Application
- Outcome
- application allowed
- Legal Topics
- Party Substitution, Estate Representation, Land Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Naftaly Meme
Plaintiff
Stanley Mwithimbu
Defendant
Isaac Gitonga & Eliphelet
Defendant
Mugambi t/a Viewline Auctioneers
Defendant
OCS Meru Police Station
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Substitution Application
Legal Issues
- 1 Whether the applicant should be substituted as the plaintiff to represent the estate of the deceased.
Ratio Decidendi
The court found that the applicant, Charles Bundi Meme, is entitled to be substituted as the plaintiff to represent the estate of the deceased original plaintiff. The application for substitution was unopposed and met the requirements under the Civil Procedure Rules, allowing the suit to proceed without abatement.
Court Disposition
application allowed
Orders
- The application dated 5.3.2018 for substitution is allowed.
- Charles Bundi Meme is to replace the deceased plaintiff.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MERU
ELC CASE NO 79 OF 2017
(FORMERLY MERU HCC 47 OF 2007)
NAFTALY MEME..............................................................PLAINTIFF
VERSUS
STANLEY MWITHIMBU.......................................1ST DEFENDANT
ISAAC GITONGA & ELIPHELET........................2ND DEFENDANT
MUGAMBI T/A VIEWLINE AUCTIONEERS....3RD DEFENDANT
OCS MERU POLICE STATION.............................4TH DEFENDANT
RULING
1. The application dated 5. 3.2018 seeking for orders that the applicant be substituted as the plaintiff in this case to represent the estate of the deceased is hereby allowed.
2. Charles Bundi Meme is to replace the deceased plaintiff.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS 9th DAY OF MAY, 2018
HON. L. N. MBUGUA
ELC JUDGE