[2016] KEELC 290 (KLR)
The court found that the application for substitution was properly supported by a registered power of attorney, which specifically authorized Joseph Mojong Comoe to act on behalf of Rosebella Jerono Mudavadi in relation to the subject land. The application was unopposed, and there was no legal impediment to granting...
Source-derived case information.
- Citation
- [2016] KEELC 290 (KLR)
- Parties
- Plaintiff: Rosebella Jerono Mudavadi; Plaintiff: Joseph Mojong Comoe; Defendant: David Kariuki Waiganjo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 77 of 2011
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Substitution of Plaintiff
- Outcome
- application allowed
- Judges
- MA Silau
- Legal Topics
- Substitution of Parties, Power of Attorney, Land Ownership Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rosebella Jerono Mudavadi
Plaintiff
Joseph Mojong Comoe
Plaintiff
David Kariuki Waiganjo
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application for Substitution of Plaintiff
Legal Issues
- 1 Whether the court should allow substitution of the 1st plaintiff with a holder of a power of attorney.
- 2 Whether the application for substitution is properly supported and unopposed.
Ratio Decidendi
The court found that the application for substitution was properly supported by a registered power of attorney, which specifically authorized Joseph Mojong Comoe to act on behalf of Rosebella Jerono Mudavadi in relation to the subject land. The application was unopposed, and there was no legal impediment to granting the substitution. The court exercised its discretion under the Civil Procedure Act and Rules to allow the substitution, ensuring that the proceedings could continue efficiently and in accordance with the parties' legal rights.
Court Disposition
application allowed
Orders
- The name of the 1st plaintiff, Rosebella Jerono Mudavadi, is substituted with Joseph Mojong Comoe, holder of the power of attorney.
- No order as to costs.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA
AT NAKURU
HCCC 77 OF 2011
ROSEBELLA JERUNO MUDAVIDI & 7 OTHERS............................PLAINTIFF
VERSUS
DAVID KARIUKI WAIGANJO & 4 OTHERS.................................DEFENDANT
RULING
(Application for substitution with one holding a power of attorney; application not opposed; application allowed).
1. The application before me is that dated 12 October 2015. It is said to be brought pursuant to the provisions of Sections 3A, 63(e) of the Civil Procedure Act, Cap 21, Laws of Kenya, and Order 51 Rule 1 of the Civil Procedure Rules. It seeks the following prayer :-
That the Honourable Court be pleased to substitute the name of the 1st plaintiff Rosebella Jerono Mudavadi who is now old and sickly with the name of Joseph Mojong Comoe who received the power of Attorney to continue with this matter involving the land parcel number Miti Mingi /Mbaruk / Block 3/ 788 (Barut).
2. In the grounds in support of the application and in the supporting affidavit sworn by the applicant, it is stated that the said Rosebella has donated to the applicant a Power of Attorney over the land parcel Miti Mingi/Mbaruk Block 3/788 (Barut). There is a Power of Attorney annexed to the supporting affidavit which I have looked at. It is dated 1 July 2011 and was registered on 14 October 2013. It appears to be a Power of Attorney specific to the land parcel Miti Mingi/Mbaruk Block 3/788 (Barut). It shows that Rosebella Jerono Mudavadi has donated to Joseph Mojong Comoe her power of attorney over the said property.
3. I have no problem allowing the application which is not opposed. I hereby allow the application and permit the substitution of the 1st plaintiff for the applicant herein.
4. I make no orders as to costs.
5. It is so ordered.
Dated, signed and delivered in open court at Nakuru this 3rd day of March, 2016.
MUNYAO SILA
JUDGE
ENVIRONMENT & LAND COURT
AT NAKURU
In presence of : -
Mr. Ateya present for plaintiffs/applicant
No appearance on part of defendants
CA: Janet
MUNYAO SILA
JUDGE
ENVIRONMENT & LAND COURT
AT NAKURU