[2019] KEELRC 1207 (KLR)
The court held that the cause of action for breach of contract survives the death of the claimant by virtue of the Law Reform Act. Therefore, the applicant, as the widow and administrator of the deceased's estate, is entitled to be substituted in place of the deceased claimant. The application for substitution is...
Source-derived case information.
- Citation
- [2019] KEELRC 1207 (KLR)
- Parties
- Claimant: Naftary Karume Gicheru (Deceased); Applicant: Mary Njoki Muu; Respondent: The Board of Management, Gatondo Girls Secondary School
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Cause 85 of 2017
- Procedural Posture
- Substitution Application / Ruling on Application for Substitution of Deceased Claimant
- Outcome
- application for substitution granted
- Judges
- AN Makau
- Legal Topics
- Substitution of Parties, Survival of Actions, Letters of Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Naftary Karume Gicheru (Deceased)
Claimant
Mary Njoki Muu
Applicant
The Board of Management, Gatondo Girls Secondary School
Respondent
Procedural Posture
Substitution Application / Ruling on Application for Substitution of Deceased Claimant
Legal Issues
- 1 Does the cause of action survive the death of the claimant under the Law Reform Act.
- 2 Is the applicant, as widow and administrator, entitled to be substituted in place of the deceased claimant.
Ratio Decidendi
The court held that the cause of action for breach of contract survives the death of the claimant by virtue of the Law Reform Act. Therefore, the applicant, as the widow and administrator of the deceased's estate, is entitled to be substituted in place of the deceased claimant. The application for substitution is merited and granted, with costs to be in the cause. The court directed that further directions be taken to conclude the suit.
Court Disposition
application for substitution granted
Orders
- Mary Njoki Muu is substituted in place of the deceased claimant, Naftary Karume Gicheru.
- Costs of the application shall be costs in the cause.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS COURT OF KENYA
AT NYERI
CAUSE NO. 85 OF 2017
NAFTARY KARUME GICHERU (DECEASED)......................CLAIMANT
MARY NJOKI MUU....................................................................APPLICANT
VERSUS
THE BOARD OF MANAGEMENT
GATONDO GIRLS SECONDARYSCHOOL......................RESPONDENT
RULING
1. The widow of the Claimant seeks to be substituted in place of the Claimant (now deceased). She has taken out letters of administration ad colligenda bonain respect of the estate of the deceased. The deceased was seeking recompense from the Respondent his erstwhile employer. On the substantive law which is the Law Reform Act, the cause of action in relation to the breach of contract asserted in the claim survives and therefore the suit did not automatically abate on the demise of the Claimant.
2. In the premises her motion to be substituted in place of her deceased husband is merited and her motion is granted with costs being costs in the cause. After the delivery of this Ruling directions will be taken for the purposes of procuring the conclusion of the suit.
It is so ordered.
Dated and delivered at Nyeri this 12th day of July 2019
Nzioki wa Makau
JUDGE
I certify that this is a true copy of the Original
Deputy Registrar