[2000] KEHC 477 (KLR)
The court found that the plaintiff had satisfied the requirements for substitution of a deceased party under the relevant statutory provisions. The evidence presented in the supporting affidavit and the submissions of counsel demonstrated that Mrs. Edith Khasoha Titi was a suitable person to be constituted as the...
Source-derived case information.
- Citation
- [2000] KEHC 477 (KLR)
- Parties
- Plaintiff: National Bank Of Kenya Ltd; Defendant: Hon. John Paul Titi (Deceased); Respondent: Mrs. Edith Khasoha Titi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1703 of 1997
- Procedural Posture
- Civil Case / Ruling on Application for Substitution of Deceased Defendant
- Outcome
- Application allowed as prayed. Costs in the cause.
- Legal Topics
- Substitution of Parties, Administration of Estates, Continuation of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
National Bank Of Kenya Ltd
Plaintiff
Hon. John Paul Titi (Deceased)
Defendant
Mrs. Edith Khasoha Titi
Respondent
Procedural Posture
Civil Case / Ruling on Application for Substitution of Deceased Defendant
Legal Issues
- 1 Whether Mrs. Edith Khasoha Titi should be constituted as the Administrator of the Estate of John Paul Titi (Deceased) for the purposes of continuation of the suit.
Ratio Decidendi
The court found that the plaintiff had satisfied the requirements for substitution of a deceased party under the relevant statutory provisions. The evidence presented in the supporting affidavit and the submissions of counsel demonstrated that Mrs. Edith Khasoha Titi was a suitable person to be constituted as the Administrator of the Estate of the deceased defendant for the purposes of continuing the suit. The court exercised its discretion to allow the application, ensuring that the proceedings could continue without abatement due to the defendant's death.
Court Disposition
Application allowed as prayed. Costs in the cause.
Orders
- Mrs. Edith Khasoha Titi is constituted as the Administrator of the Estate of John Paul Titi (Deceased) for the purposes of continuation of the suit.
- Costs of the application will be in the cause.
Full Case Text
Judgment text and source record
4 paragraphs
REPUBLIC OF KENYA
National Bank Of Kenya Ltd v Hon. John Paul Titi High Court Of Kenya At Nairobi December 15, 2000 Milimani Commercial Courts T Mbaluto, Judge Civil Case No. 1703 Of 1997 December 15, 2000 T Mbaluto, Judge delivered the following ruling.
This is an application under paragraph 4 of the 5th Schedule of the Law of Succession Act, rule 49 of the Probate and Administration Rules, sections 3A and 37 of the Civil Procedure Act, for an order that Mrs. Edith Khasoha Titi be constituted as the Administrator of the Estate of John Paul Titi (Deceased) the defendant in this matter for the purposes of continuation of the suit. The application is supported by an affidavit sworn by Frederick Mumenya Wahome, the manager of the plaintiff bank at its Kisumu Branch.
On the basis of the evidence contained in Mr. Wahome’s affidavit as well as submissions by learned counsel for the plaintiff (Mrs. Otieno), I am satisfied that the plaintiff is entitled to the orders it seeks in this application. Accordingly the application is allowed as prayed. Costs of the application will be in the cause.