[2014] KEHC 8646 (KLR)
The court found that the ex-parte applicant had died and that Florence Riinya had been duly appointed as the legal representative. Since all parties did not oppose the application for substitution, and the requirements for substitution under Order 24 of the Civil Procedure Rules had been met, the court allowed the...
Source-derived case information.
- Citation
- [2014] KEHC 8646 (KLR)
- Parties
- Applicant: Republic; Respondent: Meru Central District Land Disputes Tribunal; Interested Party: Jamlick Muthomi M'Arimi; Ex Parte Applicant: Kireria Kirurui (deceased) / Florence Riinya (legal representative)
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 29 of 2011
- Procedural Posture
- Miscellaneous Application / Ruling on Substitution of Ex Parte Applicant Due to Death
- Outcome
- Application for substitution allowed; costs in the cause.
- Legal Topics
- Judicial Review, Substitution of Parties, Land Disputes, Legal Representative Appointment
- 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
Republic
Applicant
Meru Central District Land Disputes Tribunal
Respondent
Jamlick Muthomi M'Arimi
Interested Party
Kireria Kirurui (deceased) / Florence Riinya (legal representative)
Ex Parte Applicant
Procedural Posture
Miscellaneous Application / Ruling on Substitution of Ex Parte Applicant Due to Death
Legal Issues
- 1 Whether the court should substitute the deceased ex-parte applicant with their legal representative for purposes of prosecuting the pending matter.
- 2 Whether costs should be provided for the application.
Ratio Decidendi
The court found that the ex-parte applicant had died and that Florence Riinya had been duly appointed as the legal representative. Since all parties did not oppose the application for substitution, and the requirements for substitution under Order 24 of the Civil Procedure Rules had been met, the court allowed the application. The court further ordered that costs be in the cause, reflecting the unopposed and procedural nature of the application.
Court Disposition
Application for substitution allowed; costs in the cause.
Orders
- Florence Riinya is substituted as the ex-parte applicant in place of Kireria Kirurui (deceased).
- Costs of the application shall be in the cause.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE HGH COURT OF KENYA AT MERU
MISC. APPL. NO. 29 OF 2011
IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW ORDER
OF CERTIORARY
AND
IN THE MATTER OF LAND PARCELS NO. NKUENE/KATHERA/541 AND
NKUENE/U-MIKUMBUNE/1684
AND
IN THE MATTER OF MERU CENTRAL DISTRICT LAND DISPUTES
TRIBUNAL CASE NO.42 OF 201 AND MERU C.M LDT CASE NO. 18 OF 2011
REPUBLIC...............................................................................APPLICANT
VERSUS
THE MERU CENTRAL DISTRICT LAND DISPUTE TRIBUNAL..........................................................................RESPONDENT
JAMLICK MUTHOMI M'ARIMI.................................INTERESTED PARTY
KIRERIA KIRURUI...............................................EX-PARTE APPLICANT
R U L I N G
This application is dated 8. 10. 2013 and seeks orders:
1. THAT the Honourable court be pleased to issue an order, substituting the Exparte Applicant – KIRERIA KIRURUI (deceased) with his legal representative FLORENCE RIINYA for purposes of prosecuting the matter pending in court.
2. THATthe costs of the application be provided for.
It is predicated upon the following grounds:-
(a) THAT the exparte applicant died on 13. 2.2013.
(b) THAT the intended exparte Applicant (Florence Riinya) was appointed the legal representative of the deceased on 9. 9.2013.
When the matter came up for directions on 2. 10. 2014, all parties conceded that they were not opposing the application.
In the circumstances, the application is allowed. Costs shall be in the cause.
It is so ordered.
Delivered in open court at Meru this 2nd day of October, 2014 in the presence of:
Cc. Daniel
Mwirigi for Exparte Applicant
Kiongo for Respondent
Ondari h/b Kaumbi for the interested party.
P. M. NOROGE
JUDGE