[2024] KEELC 168 (KLR)
The court found that the application for substitution was unopposed by the plaintiff/respondent and was merited. In accordance with Order 24 of the Civil Procedure Rules, the applicant, as the administrator of the estate of the deceased defendant, was entitled to be substituted as the defendant to ensure the...
Source-derived case information.
- Citation
- [2024] KEELC 168 (KLR)
- Parties
- Plaintiff: Meshack Tambo Otieno (administrator of the Estate of the Late Meshack Otieno Ariya - Deceased); Defendant: Walter Onyango Yoya (deceased); Applicant: Erick George Omondi Onyango (administrator of the Estate of Walter Onyango - Deceased)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 29 of 2021
- Procedural Posture
- Environment and Land Case / Ruling on Substitution Application
- Outcome
- Application allowed; applicant substituted as defendant; costs in the cause.
- Judges
- GMA Ongondo
- Legal Topics
- Substitution of Parties, Estate Administration, Procedure on Death of Party
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Meshack Tambo Otieno (administrator of the Estate of the Late Meshack Otieno Ariya - Deceased)
Plaintiff
Walter Onyango Yoya (deceased)
Defendant
Erick George Omondi Onyango (administrator of the Estate of Walter Onyango - Deceased)
Applicant
Procedural Posture
Environment and Land Case / Ruling on Substitution Application
Legal Issues
- 1 Whether the applicant should be granted leave to be substituted as the defendant in place of the deceased Walter Onyango Yoya.
- 2 Whether the applicant, as administrator of the estate of the deceased, can be deemed as the defendant for and on behalf of the estate.
- 3 Who should bear the costs of the application.
Ratio Decidendi
The court found that the application for substitution was unopposed by the plaintiff/respondent and was merited. In accordance with Order 24 of the Civil Procedure Rules, the applicant, as the administrator of the estate of the deceased defendant, was entitled to be substituted as the defendant to ensure the continuation of the proceedings. The court therefore allowed the application in its entirety, granting the applicant leave to be substituted as the defendant and to act on behalf of the estate. The costs of the application were ordered to be in the cause, reflecting the absence of opposition and the procedural nature of the application.
Court Disposition
Application allowed; applicant substituted as defendant; costs in the cause.
Orders
- Leave granted to the applicant to be substituted as the defendant in place of Walter Onyango Yoya (deceased).
- The applicant is deemed as the defendant, suing for and on behalf of the estate of the deceased.
Full Case Text
Judgment text and source record
27 paragraphs
Otieno (Suing as administrator of the Estate of the Late Meshack Otieno Ariya - Deceased) v Yoya; Onyango (Applicant) (Suing as the administrator of the Estate of Walter Onyango - Deceased) (Environment & Land Case 29 of 2021) [2024] KEELC 168 (KLR) (22 January 2024) (Ruling)
Neutral citation: [2024] KEELC 168 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment & Land Case 29 of 2021
GMA Ongondo, J
January 22, 2024
Between
Meshack Tambo Otieno
Plaintiff
Suing as administrator of the Estate of the Late Meshack Otieno Ariya - Deceased
and
Walter Onyango Yoya
Defendant
and
Erick George Omondi Onyango
Applicant
Suing as the administrator of the Estate of Walter Onyango - Deceased
Ruling
1. By a Notice of Motion dated 14th November 2023, the applicant through M/S Ochwangi & Company Advocates has sought the orders infra;a.The Honourable court be pleased to grant leave and/or liberty to the applicant herein to be substituted as the defendant herein in lieu of Walter Onyango Yoya (now deceased)b.Consequent to prayer (20 herein above being granted, the applicant be deemed as the defendant, suing for and on behalf of the estate of the deceased person herein.c.Costs of the application do abide the cause.
2. Ms. Nyaenya instructed by Mr. Ochwangi learned counsel for the respondent has informed the court that the application is unopposed. Thus, she has implored the court to allow the same.
3. Ms Aluoch Odera learned counsel for the plaintiff/respondent has no objection to the application.
4. In circumstances, I find the application unopposed and merited.
5. A fortiori, the application is allowed in terms of orders (a) (b) and (c) as stated in paragraph 1 therein-above.
6. Cost of the application be in the cause.
7. It is so ordered.
DELIVERED, DATED AND SIGNED AT HOMA BAY THIS 22ND JANUARY 2024G. M.A ONGONDOJUDGEPRESENT1. Ms. Aluoch Odera, learned counsel for the plaintiff2. Ms. Nyaenya instructed by Mr. Ochwangi, learned counsel for the applicant3. Luanga, Court Assistant