[2016] KEHC 5846 (KLR)
The court found that the applicant, Rose Mwendwa Mugambi, had provided sufficient evidence of the death of the ex-parte applicant, Jeremiah Mugambi M'Tuaruchiu, and had obtained a grant ad litem for the purposes of these proceedings. As the application was unopposed and the requirements for substitution under the...
Source-derived case information.
- Citation
- [2016] KEHC 5846 (KLR)
- Parties
- Applicant: Republic; Applicant: Rose Mwendwa Mugambi; Applicant: Joseph Murithi I'mathiu; Applicant: Aldoson B.K. Karitho; Applicant: Stephen Kaberia; Applicant: Jeremiah Mugambi M'Tuaruchiu (deceased); Respondent: Land Adjudication Officer Igembe/Tigania District; Interested Party: Domisiano M'Chokera Rarenya
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Case 29 of 2008
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Substitute Party Due to Death
- Outcome
- application allowed
- Judges
- FM Njoroge
- Legal Topics
- Party Substitution, Grant Ad Litem, Land Adjudication, Certiorari and Prohibition
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Rose Mwendwa Mugambi
Applicant
Joseph Murithi I'mathiu
Applicant
Aldoson B.K. Karitho
Applicant
Stephen Kaberia
Applicant
Jeremiah Mugambi M'Tuaruchiu (deceased)
Applicant
Land Adjudication Officer Igembe/Tigania District
Respondent
Domisiano M'Chokera Rarenya
Interested Party
Procedural Posture
Miscellaneous Application / Ruling on Application to Substitute Party Due to Death
Legal Issues
- 1 Whether Rose Mwendwa Mugambi should be substituted as a party in place of the deceased ex-parte applicant Jeremiah Mugambi M'Tuaruchiu.
- 2 Whether the applicant has satisfied the requirements for substitution under the law.
Ratio Decidendi
The court found that the applicant, Rose Mwendwa Mugambi, had provided sufficient evidence of the death of the ex-parte applicant, Jeremiah Mugambi M'Tuaruchiu, and had obtained a grant ad litem for the purposes of these proceedings. As the application was unopposed and the requirements for substitution under the Civil Procedure Rules were met, the court exercised its discretion to allow the substitution to ensure the matter could proceed to determination on its merits. The court further ordered that costs of the application be in the cause.
Court Disposition
application allowed
Orders
- Rose Mwendwa Mugambi is made a party to this suit as the legal representative of Jeremiah Mugambi M'Tuaruchiu (deceased) for purposes of proceeding with the case.
- Costs of the application shall be in the cause.
Full Case Text
Judgment text and source record
36 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
MISC. CIVIL NO 29 OF 2008
IN THE MATTER OF AN APPLICATION BY (1) JOSEPH MURITHI I'MATHIU (II) ALDOSON B.K. KARITHO(III) STEPHEN KABERIA(IV) JEREMIAH MUGAMBI M'TUARUCHIU TO APPLY FOR ORDERS OF CERTIORARI AND PROHIBITION AND IN THE MATTER OF SECTIONS 8 AND 9 OF THE LAW REFORM ACT CAP 26 LAWS OF KENYA
AND
IN THE MATTER OF URINGU “1” ADJUDICATION SECTION AND IN THE MATTER OF AR OBJECTION NO. 832 PARCEL Nos. 161 , 1740, 1601, 1821, 1276, 1939 and 1173.
AND
IN THE MATTER OF THE ADJUDICATION ACT CAP 284 LAWS OF KENYA
REPUBLIC...............................................................................................APPLICANT
VERSUS
LAND ADJUDICTION OFFICER IGEMBE/TIGANIA DISTRICT........RESPONDENT
DOMISIANO M'CHOKERA RARENYA....................................INTERESTED PARTY
ROSE MWENDWA MUGAMBI...............................................................APPLICANT
EX-PARTE
JOSEPH MURITHI IMATHIU
ALDOSON B. K KARITHO
STEPHEN KABERIA
JEREMIAH MUGAMBI M'TUARUCHIU
R U L I N G
This application is dated 10/06/2015 and seeks orders:-
That ROSE MWENDWA MUGAMBI be made a party to this suit as the legal representative of JEREMIAH MUGAMBI M'TUARUCHIU (deceased) herein for purposes of proceedings with the same.
The Hon. Court do make such further orders as may meet the ends of justice in this cause.
Costs of this application be provided for.
The application is buttressed by the affidavit of Rose Mwendwa Mugambi and has the following grounds:-
The ex-parte applicant Jeremiah Mugambi M'Tuaruchiu died on 3/9/2014.
The applicant herein has obtained a grant ad litem for purposes of this cause.
During the day fixed for hearing, it transpired that the application was not opposed. In the circumstances, the application is allowed.
Costs shall be in the cause.
It is so ordered.
Delivered in open Court at Meru this 15th day of March, 2016 in the presence of:-
CC: Daniel/Lilian
Miss E.G. Mwangi for the Exparte Applicant
B.G Kariuki for the Interested party.
Kimathi for the Respondent
P. M. NJOROGE
JUDGE