[2011] KEHC 2695 (KLR)
The court found that Alexander Meeme Kajoi had obtained a limited grant of letters of administration authorizing him to prosecute the case on behalf of the deceased, Geoffrey Kajoi Akwalu. There was no opposition to the application, and the requirements for substitution under the Civil Procedure Rules were...
Source-derived case information.
- Citation
- [2011] KEHC 2695 (KLR)
- Parties
- Applicant: Republic; Respondent: District Land Adjudication and Settlement Officer Igembe District; Applicant: Geoffrey Kajoi Akwalu (deceased); Applicant: Alexander Meeme Kajoi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 73 of 2009
- Procedural Posture
- Miscellaneous Application / Ruling on Substitution of Deceased Ex Parte Applicant
- Outcome
- application for substitution granted
- Judges
- MM Kasango
- Legal Topics
- Substitution of Parties, Judicial Review, Land Adjudication
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
District Land Adjudication and Settlement Officer Igembe District
Respondent
Geoffrey Kajoi Akwalu (deceased)
Applicant
Alexander Meeme Kajoi
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Substitution of Deceased Ex Parte Applicant
Legal Issues
- 1 Whether Alexander Meeme Kajoi should be substituted as the ex parte applicant in place of the deceased Geoffrey Kajoi Akwalu.
- 2 Whether the limited grant obtained by Alexander Meeme Kajoi authorizes him to prosecute the case.
Ratio Decidendi
The court found that Alexander Meeme Kajoi had obtained a limited grant of letters of administration authorizing him to prosecute the case on behalf of the deceased, Geoffrey Kajoi Akwalu. There was no opposition to the application, and the requirements for substitution under the Civil Procedure Rules were satisfied. The court therefore allowed the application for substitution, directing Alexander Meeme Kajoi to file an amended notice of motion within 21 days reflecting his name as the ex parte applicant. No order as to costs was made.
Court Disposition
application for substitution granted
Orders
- Alexander Meeme Kajoi is substituted as the ex parte applicant in place of Geoffrey Kajoi Akwalu.
- Alexander Meeme Kajoi shall within 21 days file an amended notice of motion reflecting his name as the ex parte applicant.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
MISC. APPLICATION CASE NO. 73 OF 2009
REPUBLIC ...........................................................................................................................................APPLICANT
VERSUS
DISTRICT LAND ADJUDICATION ANDSETTLEMENT OFFICER IGEMBE DISTRICT ..........RESPONDENT
SAMUEL MBATARU.............................................................................................................INTERESTED PARTY
GEOFFREY KAGOJI AKWALU .................................................................................... EX PARTE APPLICANT
RULING
The ex parte applicant Geoffrey Kajoi Akwalu now deceased obtained leave of the court on 19th October 2009 to apply for orders of certiorari and mandamus to issue against the decision of the District Land Adjudication and Settlement Officer Igembe District of 29th April 2009. The substantive Notice of Motion was dated 2nd November 2009. An application is now made by Alexander Meeme Kajoi seeking to substitute the deceased ex parte applicant in this matter. He obtained a limited grant authorizing him to prosecute this case under Succession Cause No. 150 of 2010 in Meru High Court. The application by Alexander is therefore merited and is granted to the effect that Alexander Meeme Kajoi do hereby substitute Geoffrey Kajoi Akwalu. The said Alexander Meeme Kajoi shall within 21 days from this date hereof file an amended notice of Motion reflecting his name as the ex parte applicant. There shall be no orders as to costs.
Dated, signed and delivered at Meru this 18th day of May 2011.
MARY KASANGO
JUDGE