[2016] KEHC 5830 (KLR)

Source-derived case information.

Citation: [2016] KEHC 5830 (KLR)
Parties: Applicant: Republic; Respondent: D.L.A.S.O., Tigania West District; Respondent: The Attorney General; Respondent: Aggrey Muraga Ethangatha; Respondent: Francis Michuki; Respondent: Earnest Kirema; Respondent: Jason K. Mberia; Respondent: Henry Ethaiba; Respondent: Silas Muthee Mberia; Respondent: Johnson Kibara Mbaabu; Respondent: Samuel Mukiri; Applicant: Benjamin Gitonga Andrew; Applicant: Louis Mutiga M'Mukiri
Court: High Court
Court Station: High Court at Meru
Jurisdiction: Kenya
Case Number: Miscellaneous Application 99 of 2010
Procedural Posture: Miscellaneous Application / Ruling on Substitution and Revival of Claim
Outcome: Application allowed; substitution and revival of claim granted.
Legal Topics: Substitution of Parties, Revival of Claim, Letters of Administration, Land Disputes
Source Language: en

Civil Procedure Land and Property Substitution of Parties Revival of Claim Letters of Administration Land Disputes

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Parties

Republic

Applicant

D.L.A.S.O., Tigania West District

Respondent

The Attorney General

Respondent

Aggrey Muraga Ethangatha

Respondent

Francis Michuki

Respondent

Earnest Kirema

Respondent

Jason K. Mberia

Respondent

Henry Ethaiba

Respondent

Silas Muthee Mberia

Respondent

Johnson Kibara Mbaabu

Respondent

Samuel Mukiri

Respondent

Benjamin Gitonga Andrew

Applicant

Louis Mutiga M'Mukiri

Applicant

Procedural Posture

Miscellaneous Application / Ruling on Substitution and Revival of Claim

Legal Issues

1 Whether Louis Mutiga M'Mukiri should be substituted as a party in place of the deceased 8th Interested Party.
2 Whether the claim against the deceased 8th Interested Party should be revived.

Ratio Decidendi

The court found that Louis Mutiga M'Mukiri, having obtained letters of administration ad litem, is the proper person to substitute the deceased 8th Interested Party. The subject matter of the proceedings is land, which survives the estate and is of sentimental value to the heirs. As the application was unopposed and the requirements for substitution and revival of claim were met, the court allowed the application in terms of prayers 2 and 3, enjoining Louis Mutiga M'Mukiri as a party and reviving the claim against the deceased's estate.

Court Disposition

Application allowed; substitution and revival of claim granted.

Orders

Louis Mutiga M'Mukiri is enjoined in these proceedings in place of the deceased 8th Interested Party.
The claim against the 8th Interested Party is revived.

Full Case Text

Judgment text and source record

42 paragraphs

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

MISC. APPLICATION NO.99 OF 2010

REPUBLIC …............................................................................................APPLICANT

VERSUS

D.L.A.S.O., TIGANIA WEST DISTRICT.......................................1ST RESPONDENT

THE ATTORNEY GENERAL.........................................................2ND RESPONDENT

AGGREY MURAGA ETHANGATHA...................................1ST INTERESTED PARTY

FRANCIS MICHUKI.............................................................2ND INTERESTED PARTY

EARNEST KIREMA............................................................3RD INTERESTED PARTY

JASON K. MBERIA.............................................................4TH INTERESTED PARTY

HENRY ETHAIBA................................................................5TH INTERESTED PARTY

SILAS MUTHEE MBERIA..................................................6TH INTERESTED PARTY

JOHNSON KIBARA MBAABU..........................................7TH INTERESTED PARTY

SAMUEL MUKIRI ….........................................................8TH INTERESTED PARTY

BENJAMIN GITONGA ANDREW ….....................................EX-PARTE APPLICANT

LOUIS MUTIGA M'MUKIRI........................................................................APPLICANT

R U L I N G

This application is dated 16. 11. 2015 and seeks orders.

THATthis application be certified very urgent and it be heard on priority basis.

THATthe applicant, LOUIS MUTIGA M'MUKIRI, be enjoined in these proceedings, to substitute the deceased 8th Interested Party, and proceed with the matter henceforth.

THATthe claim against the 8th interested Party be revived.

THATcosts of the application be in the cause.

The application is supported by the affidavit of LOUIS MUTIGA M'MUKIRI and has, inter alia, the following grounds:-

THATthe applicant is a son of the deceased 8th Interested Party.

THATthe applicant has obtained letters of administration ad litem, in Meru H.C Misc. Succ. Cause No. 332 of 2015, to substitute the 8th Interested Party who is now deceased.

THATthis matter concerns a property (land) in rem & survives the estate of the deceased.

THATthe heirs of the deceased attach sentimental value into the said land where they live.

During interpartes hearing on 21st March,2016, it transpired that the application was not opposed. In the circumstances, the application is allowed in terms of prayers 2 and 3 with the effect that LOUIS MUTIGA M' MUKIRI is enjoined in these proceedings in place of the deceased 8th Interested Party AND the claim against the 8th Interested party is revived.

I further issued the following orders:-

Costs of this application shall be in the cause.

The exparte Applicant should file and exchange his Written Submission within 30 days of today.

The Respondents and the Interested parties should file and exchange their Written Submissions within 30 days of receipt of the exparte applicants' Written Submissions and should the exparte applicant fail to file and exchange his Submissions within the stipulated time, the other parties may file and exchange their Submissions.

Mr. Carlpeters Mbaabu, for the Applicant, to serve the orders issued by this Court upon the exparte Applicant within 10 days, of today.

Directions on 23/5/2016 .

It is so ordered.

Delivered in Open Court at Meru this 23rd day of March, 2016 in the presence of:

CC: Daniel/Lilian

Calpeters Mbaabu for the Applicant

Miss Kungu for the Respondent

P . M .NJOROGE

JUDGE

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