[2015] KEHC 5176 (KLR)
The court found that the applicant, Hannah Wanjiku Theuri, had obtained letters of administration ad litem limited for the purpose of representing the deceased interested party, Eshiban Theuri Ngaria, in these proceedings. As the legal representative of the deceased, she is the proper party to be substituted. The...
Source-derived case information.
- Citation
- [2015] KEHC 5176 (KLR)
- Parties
- Applicant: Republic; Respondent: Ndaragwa Division Land Disputes Tribunal; Respondent: SPM Court - Nyahururu; Applicant: Muricho Ranching Co. Ltd; Interested Party: Eshiban Theuri Ngaria; Applicant: Hannah Wanjiku Theuri
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application 18 of 2013
- Procedural Posture
- Judicial Review Application / Ruling on Substitution Application
- Outcome
- application for substitution allowed
- Judges
- MA Silau
- Legal Topics
- Substitution of Parties, Letters of Administration, Judicial Review Procedure, Land Dispute Tribunals
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Ndaragwa Division Land Disputes Tribunal
Respondent
SPM Court - Nyahururu
Respondent
Muricho Ranching Co. Ltd
Applicant
Eshiban Theuri Ngaria
Interested Party
Hannah Wanjiku Theuri
Applicant
Procedural Posture
Judicial Review Application / Ruling on Substitution Application
Legal Issues
- 1 Whether the applicant, holding letters of administration ad litem, should be substituted for the deceased interested party in the judicial review proceedings.
- 2 Whether there is any legal impediment to granting the substitution sought.
Ratio Decidendi
The court found that the applicant, Hannah Wanjiku Theuri, had obtained letters of administration ad litem limited for the purpose of representing the deceased interested party, Eshiban Theuri Ngaria, in these proceedings. As the legal representative of the deceased, she is the proper party to be substituted. The application was unopposed, and there was no legal reason to decline the orders sought. Accordingly, the court allowed the application for substitution, permitting the proceedings to continue with the applicant standing in for the deceased interested party.
Court Disposition
application for substitution allowed
Orders
- Hannah Wanjiku Theuri is substituted for the deceased interested party, Eshiban Theuri Ngaria, in these proceedings.
- The proceedings shall continue on that basis.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
JUDICIAL REVIEW APPLICATION NO. 18 OF 2013
REPUBLIC ……………………..…………..........…………………..….APPLICANT
VERSUS
NDARAGWA DIVISION LAND DISPUTES TRIBUNAL ……...1ST RESPONDENT
SPM COURT - NYAHURURU………………..................……2ND RESPONDENT
AND
ESHIBAN THEURI NGARIA…………................................INTERESTED PARTY
EX-PARTEMURICHO RANCHING CO. LTD
AND
HANNAH WANJIKU THEURI………….................................…….APPLICANT
RULING
(Application for substitution; applicant holding letters of administration ad litem; application allowed)
1. The application before me is that dated 12 March 2015 brought inter alia under the provisions of Order 24 Rule 4(1) of the Civil Procedure Rules. The applicant, Hannah Wanjiku Theuri wishes to be substituted for the deceased interested party. The application is supported by the affidavit of the said Hannah Wanjiku Theuri and is not opposed by the respondents.
2. The suit herein is a judicial review application filed by Muricho Ranching Company Ltd as the ex-parte applicant. In the main motion, Muricho Ranching Co. Ltd want a decision of the Ndaragwa Division Land Dispute Tribunal quashed by an order of certiorari, on the contention that the said decision was made out of jurisdiction. The dispute before the Tribunal was filed by Eshiban Theuri Ngatia, who has been named in these proceedings as Interested Party and who died on 17 August 2014. At the time of his death, the suit herein had not yet proceeded.
3. In the supporting affidavit to this application, Hannah Wanjiku Theuri, has averred that upon the demise of the Interested Party, she did apply, and obtained, letters of administration ad litem limited for purposes of representing the deceased in these proceedings. I have seen the said limited grant of letters of administration which was annexed to the affidavit. Being legal representative of the deceased, the applicant is the proper party to come into the shoes of the deceased interested party.
4. As I mentioned earlier, the application is not opposed. I on my part, see no reason why I should decline the orders sought.
5. I therefore allow the application and permit the applicant, Hannah Wanjiku Theuri to be substituted for the deceased Interested Party and the proceedings to proceed on that basis.
6. I make no orders as to costs.
It is so ordered.
Dated, signed and delivered in open court at Nakuru this 21st day of April 2015.
MUNYAO SILA
JUDGE
ENVIRONMENT AND LAND COURT
AT NAKURU
In presence of : -
Mr. Kinyua Njogu present for interested party/Applicant.
Ms. Wambui Kimani holding brief for M/s Gakuhi Chege for ex-parte applicant.
Ms. Khatambi of State Law Office present for respondent.
Emmanuel Maelo : Court Assistant
MUNYAO SILA
JUDGE
ENVIRONMENT AND LAND COURT
AT NAKURU