[2025] KEELC 4129 (KLR)
The court found that the application for substitution of the deceased 1st and 2nd petitioners was unopposed and justified, as it would facilitate execution of the consent decree previously entered into by the parties. The court held that there was no legal impediment to granting the substitution, especially since...
Source-derived case information.
- Citation
- [2025] KEELC 4129 (KLR)
- Parties
- Applicant: Ongori Nyakara; Applicant: Joseph B Makworo; Applicant: Pius Machogu Motonu (Alias Omete); Respondent: Attorney General; Respondent: The District Land Registrar; Respondent: Alice Monyenye Mabiria; Respondent: Thomas Mabiria
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Land Case Petition E001 of 2025
- Procedural Posture
- Land Case Petition / Ruling on Application for Substitution of Deceased Petitioners
- Outcome
- Application for substitution of the deceased 1st and 2nd petitioners allowed.
- Judges
- M Sila
- Legal Topics
- Substitution of Parties, Execution of Decree, Consent Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ongori Nyakara
Applicant
Joseph B Makworo
Applicant
Pius Machogu Motonu (Alias Omete)
Applicant
Attorney General
Respondent
The District Land Registrar
Respondent
Alice Monyenye Mabiria
Respondent
Thomas Mabiria
Respondent
Procedural Posture
Land Case Petition / Ruling on Application for Substitution of Deceased Petitioners
Legal Issues
- 1 Whether the legal representatives of the deceased 1st and 2nd petitioners should be substituted for purposes of executing the decree.
- 2 Whether there is any opposition to the application for substitution.
Ratio Decidendi
The court found that the application for substitution of the deceased 1st and 2nd petitioners was unopposed and justified, as it would facilitate execution of the consent decree previously entered into by the parties. The court held that there was no legal impediment to granting the substitution, especially since the substantive dispute had already been resolved by consent and the only outstanding issue was execution. The application was therefore allowed to the extent of substitution, with no orders as to costs.
Court Disposition
Application for substitution of the deceased 1st and 2nd petitioners allowed.
Orders
- The legal representatives ad litem of the estates of the 1st and 2nd petitioners are substituted as parties in place of the deceased petitioners for purposes of executing the decree.
- There will be no orders as to costs.
Full Case Text
Judgment text and source record
31 paragraphs
Nyakara & 2 others v Attorney General & 3 others (Land Case Petition E001 of 2025) [2025] KEELC 4129 (KLR) (22 May 2025) (Ruling)
Neutral citation: [2025] KEELC 4129 (KLR)
Republic of Kenya
In the Environment and Land Court at Kisii
Land Case Petition E001 of 2025
M Sila, J
May 22, 2025
Between
Ongori Nyakara
1st Petitioner
Joseph B Makworo
2nd Petitioner
Pius Machogu Motonu (Alias Omete)
3rd Petitioner
and
Attorney General
1st Respondent
The District Land Registrar
2nd Respondent
Alice Monyenye Mabiria
3rd Respondent
Thomas Mabiria
4th Respondent
Ruling
1. Before me is an application dated 14 May 2024 filed by the legal representatives ad litem of the estates of the 1st and 2nd petitioners. There were many prayers in the application which were abandoned save for the prayer for substitution of the now deceased 1st and 2nd petitioners. This prayer is not opposed by any of the other parties.
2. To put matters into context, this suit was commenced through a petition filed on 21 August 2013. In the petition, the petitioners claimed to be respectively entitled to portions measuring 17 x 150 feet, 25 x 100 feet, and 50 x 100 feet, out of the land parcels Bassi/Bosingi/1895 and 1896 registered in name of the 3rd and 4th respondents. The suit was settled vide a consent entered filed on 1 July 2015. In that consent the petitioners and the 3rd and 4th respondents agreed to allow the prayers sought in the petition.
3. That seemed to be the end of the matter but it would appear that there are issues related to execution of the decree and now the applicants wish to substitute the deceased 1st and 2nd petitioners for purposes of executing the decree.
4. I have no issue allowing the application to the extent of substituting the deceased 1st and 2nd petitioner and that prayer is allowed.
5. There will be no orders as to costs.
6. Orders accordingly.
DATED AND DELIVERED THIS 21 DAY OF MAY 2025JUSTICE MUNYAO SILAJUDGE, ENVIRONMENT AND LAND COURTAT KISIIDelivered in the presence of :Mr. Ayienda for 5th respondentOther parties – AbsentCourt Assistant – Michael Oyuko