[2016] KEHC 864 (KLR)
The court found that the death of the defendant, Joshua Mangati, did not extinguish the cause of action. Since Hilda Mukwanyaga Mangati is the legal representative of the deceased, she is the proper party to be substituted as the defendant. The substitution is necessary to facilitate the expeditious disposal of the...
Source-derived case information.
- Citation
- [2016] KEHC 864 (KLR)
- Parties
- Plaintiff: Patrick Mithika; Defendant: Joshua Mangati; Defendant: Hilda Mukwanyaga Mangati
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 104 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Substitution Application
- Outcome
- Application allowed; substitution of defendant granted.
- Judges
- FM Njoroge
- Legal Topics
- Substitution of Parties, Survival of Cause of Action, Legal Representative, Costs of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Patrick Mithika
Plaintiff
Joshua Mangati
Defendant
Hilda Mukwanyaga Mangati
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Substitution Application
Legal Issues
- 1 Whether Hilda Mukwanyaga Mangati should be substituted as defendant in place of the deceased Joshua Mangati.
- 2 Whether the cause of action survives the death of the original defendant.
- 3 Who should bear the costs of the application.
Ratio Decidendi
The court found that the death of the defendant, Joshua Mangati, did not extinguish the cause of action. Since Hilda Mukwanyaga Mangati is the legal representative of the deceased, she is the proper party to be substituted as the defendant. The substitution is necessary to facilitate the expeditious disposal of the suit. The application for substitution was therefore allowed, with costs to be in the cause.
Court Disposition
Application allowed; substitution of defendant granted.
Orders
- Hilda Mukwanyaga Mangati is appointed as defendant in substitution of Joshua Mangati (deceased).
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
E.L.C NO. 104 OF 2013
PATRICK MITHIKA...............................................................PLAINTIFF
VS
JOSHUA MANGATI............................................................DEFENDANT
RULING
1. This application is dated 10/10/2016 and seeks orders;-
1. That Hilda Mukwanyaga Mangati be appointed as a defendant in this suit in substitution of Joshua Mangati who is now deceased.
2. Costs of the application be paid by the respondent, Hilda Mukwanyaga Mangati.
2. The application is supported by the affidavit of Patrick Mithika sworn on 10/10/2016 and has the following grounds;-
(I) The defendant herein Joshua Mangati died sometime in the year 2015.
(ii) That the cause of action survives his death.
(iii) That the respondent herein Hilda Mukwanyaga Mangati is the legal representative of the deceased.
3. The applicant's advocate Mr Murango Mwenda has explained to the court that the application is intended to facilitate the expeditious disposal of this suit through the substitution of the deceased defendant with his son, the applicant.
4. I agree.
5. In the circumstances, the application is allowed in terms of prayer 1.
6. Costs shall be in the cause.
7. It is so ordered.
Delivered in open court at Meru this 22nd day of November, 2016 in the presence of;-
C.A James
Murango Mwenda for the applicant.
P .M. NJOROGE
JUDGE