[2016] KEHC 4499 (KLR)
The court found that the applicant, Linus Miriti Justus, is the legal representative of the deceased plaintiff, Nyaga Kaugi Muiga. As the application for substitution was not opposed by any party, and the requirements for substitution under Order 24 of the Civil Procedure Rules were satisfied, the court allowed the...
Source-derived case information.
- Citation
- [2016] KEHC 4499 (KLR)
- Parties
- Plaintiff: Nyaga Kaugi Muiga; Defendant: Eustace Nyaga Kanampiu; Defendant: Emprahim Gitonga Mwiandi; Defendant: Director of Land Adjudication; Defendant: Hon. Attorney General; Applicant: Linus Miriti Justus
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 1 of 2006
- Procedural Posture
- Civil Suit / Ruling on Substitution Application
- Outcome
- Application for substitution allowed; costs in the cause.
- Judges
- FM Njoroge
- Legal Topics
- Substitution of Parties, Legal Representative, Death of Party, Land Adjudication
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nyaga Kaugi Muiga
Plaintiff
Eustace Nyaga Kanampiu
Defendant
Emprahim Gitonga Mwiandi
Defendant
Director of Land Adjudication
Defendant
Hon. Attorney General
Defendant
Linus Miriti Justus
Applicant
Procedural Posture
Civil Suit / Ruling on Substitution Application
Legal Issues
- 1 Whether the applicant should be substituted as plaintiff in place of the deceased Nyaga Kaugi Muiga.
- 2 Whether the applicant is the legal representative of the deceased plaintiff.
Ratio Decidendi
The court found that the applicant, Linus Miriti Justus, is the legal representative of the deceased plaintiff, Nyaga Kaugi Muiga. As the application for substitution was not opposed by any party, and the requirements for substitution under Order 24 of the Civil Procedure Rules were satisfied, the court allowed the application. The substitution ensures the continuation of the suit without abatement due to the death of the original plaintiff.
Court Disposition
Application for substitution allowed; costs in the cause.
Orders
- The applicant Linus Miriti Justus is substituted as plaintiff in place of the deceased Nyaga Kaugi Muiga.
- Costs of the application to be in the cause.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL SUIT NO 1 OF 2006
NYAGA KAUGI MUIGA …..............................................................PLAINTIFF
VERSUS
EUSTACE NYAGA KANAMPIU.........................................1ST DEFENDANT
EMPRAHIM GITONGA MWIANDI.....................................2ND DEFENDANT
DIRECTOR OF LAND ADJUDICATION............................3RD DEFENDANT
HON. ATTORNEY GENERAL …........................................4TH DEFENDANT
R U L I N G
This application is dated 24/12/2014 and seeks orders:-
THAT, this application be certified urgent and that the same be heard expeditiously.
THAT, this honourable Court be pleased to substitute the deceased plaintiff herein NYAGA KAUGI MUIGA with the applicant herein LINUS MIRITI JUSTUS.
Costs of this application be in cause.
WHICH APPLICATION is grounded on the reasons that:-
The Plaintiff died on 30th May, 2014.
The applicant one LINUS MIRITI JUSTUS is the legal representative of the deceased.
During directions on 10/05/2016 , it transpired that the application is not opposed. It is therefore , allowed with Costs to be in the cause.
It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 10TH DAY OF MAY, 2016 IN THE PRESENCE OF:-
CC: Lilian /Daniel
Ojiambo h/b Ondari for the Plaintiff
Ashava h/b Mburugu for 1st and 2nd Defendants
Kieti for 3rd and 4th Defendants
P. M. NJOROGE
JUDGE