[2006] KEHC 1395 (KLR)
The court held that the applicant, having obtained Letters of Administration for the purposes of prosecuting the suit, is entitled to be substituted in place of her deceased husband as plaintiff. The court further noted that since the arbitration award had been read but not confirmed before the plaintiff's death,...
Source-derived case information.
- Citation
- [2006] KEHC 1395 (KLR)
- Parties
- Plaintiff: Njoroge Murathe; Defendant: Kinyanjua Njoroge
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 1326 of 1978
- Procedural Posture
- Civil Case / Ruling on Substitution After Death of Plaintiff and Arbitration Award
- Outcome
- Application allowed in terms of Prayer 1; applicant substituted as plaintiff; further date to be taken for confirmation of award.
- Judges
- JL Osiemo
- Legal Topics
- Substitution of Parties, Arbitration Award Confirmation, Letters of Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Njoroge Murathe
Plaintiff
Kinyanjua Njoroge
Defendant
Procedural Posture
Civil Case / Ruling on Substitution After Death of Plaintiff and Arbitration Award
Legal Issues
- 1 Whether the applicant, as widow and administrator of the deceased plaintiff's estate, should be substituted in place of the deceased for continuation of the suit.
- 2 Whether the arbitration award, read but not confirmed before the plaintiff's death, can be confirmed after substitution.
Ratio Decidendi
The court held that the applicant, having obtained Letters of Administration for the purposes of prosecuting the suit, is entitled to be substituted in place of her deceased husband as plaintiff. The court further noted that since the arbitration award had been read but not confirmed before the plaintiff's death, the applicant should take a further date for the purposes of confirming the award. The substitution is allowed to enable the continuation and conclusion of the proceedings, specifically the confirmation of the arbitration award.
Court Disposition
Application allowed in terms of Prayer 1; applicant substituted as plaintiff; further date to be taken for confirmation of award.
Orders
- The applicant is substituted in place of her deceased husband as plaintiff.
- The applicant to take a further date for confirmation of the arbitration award.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Civil Case 1326 of 1978
NJOROGE MURATHE…….………….........................................………………….……PLAINTIFF
VERSUS
KINYANJUA NJOROGE……………………........................................……………..DEFENDANT
RULING
The applicant’s husband now deceased filed this suit against the defendant by way of Original Summons dated 2nd June 1978. The dispute was by consent referred to Arbitration by Panel of Elders to be presided over by the District Officer Githunguri. Each party nominated 2 elders to sit with the District Officer.
The elders deliberated over the matter and filed their award in court on 27th April 1983.
The award was read to the parties on 28th June 1983 and was stood over to 28th July 1983 for further orders but the plaintiff passed away before that date and the matter was stood over generally.
The applicant who is the widow of the plaintiff applied for grant for the purposes of representation and she obtained Letters of Administration and the grant was issued to her on 12th October 2005 for the purposes of prosecuting this suit. She now applies by way of this Chamber Summons for orders that she be substituted in place of her late husband for the purposes of continuation of the suit.
The application is allowed in terms of Prayer 1 of the Chamber Summons dated 10th February 2006. The applicant is substituted in place of her deceased husband. But for Prayer 2, since the award was read but before it was confirmed the plaintiff died, she should have taken another date for the purposes of confirming the award which has already been read.
Dated and delivered at Nairobi this 27th day of July 2006.
J.L.A. OSIEMO
JUDGE