[2014] KEHC 6149 (KLR)
The court found that the application for substitution of the deceased applicant was unopposed and in accordance with the procedural rules. There was no objection from the respondent or any other party. The court exercised its discretion to allow the substitution, ensuring the continuity of the proceedings. The order...
Source-derived case information.
- Citation
- [2014] KEHC 6149 (KLR)
- Parties
- Applicant: Samwel Kubai M'Ithiria; Respondent: The District Commissioner Igembe Central District; Interested Party: Awa Kamotho Musa
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 16 of 2011
- Procedural Posture
- Judicial Review / Ruling on Substitution Application
- Outcome
- Application for substitution allowed; costs in the cause.
- Judges
- FM Njoroge
- Legal Topics
- Party Substitution, Judicial Review Procedure, Land Adjudication, Costs Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samwel Kubai M'Ithiria
Applicant
The District Commissioner Igembe Central District
Respondent
Awa Kamotho Musa
Interested Party
Procedural Posture
Judicial Review / Ruling on Substitution Application
Legal Issues
- 1 Whether the applicant can be substituted following his death.
- 2 Whether costs should be in the cause.
Ratio Decidendi
The court found that the application for substitution of the deceased applicant was unopposed and in accordance with the procedural rules. There was no objection from the respondent or any other party. The court exercised its discretion to allow the substitution, ensuring the continuity of the proceedings. The order for costs to be in the cause was appropriate given the lack of opposition and the procedural nature of the application.
Court Disposition
Application for substitution allowed; costs in the cause.
Orders
- The applicant is joined as a party to substitute the deceased applicant.
- Costs of the application to be in the cause.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
JUDICIAL REVIEW NO. 16 OF 2011
IN THE MATTER OF APPLICATION BY SAMWEL KUBAI M'ITHIRIA FOR JUDICIAL REVIEW ORDER OF CERTIORARI
AND
IN THE MATTER OF THE LAND ADJUDICATION ACT CAP 284 LAWS OF KENYA
AND
IN THE MATTER OF KIENGU/KANJOO LAND PARCEL NUMBER 756
SAMWEL KUBAI M'ITHIRIA................................................................................................................................APPLICANT
VERSUS
THE DISTRICT COMMISSIONER IGEMBE CENTRAL DISTRICT...................................................................RESPONDENT
AND
AWA KAMOTHO MUSA............................................................................................................................INTERESTED PARTY
RULING
This application is dated 17. 10. 2013 and seeks orders:
1. THAT this Honourable Court be pleased to join the applicant as a party herein to substitute the Applicant who is now deceased.
2. THAT costs of this application be in the cause.
When the application came up for interpartes hearing on 27. 3.2014 it was unopposed. Mr. Kieti, for A.G., for the respondent, urged the court to allow the application with costs being in the cause.
In the circumstances, the application is allowed with costs to be in the cause.
Delivered in open court at Meru this 27th day of March, 2014 in the presence of:
Cc Daniel
Otieno h/b H. Gitonga for the Applicant
Kieti for Respondent
P. M. NJOROGE
JUDGE