Kenya Case Law

Salim v Muhaji & another

Salim v Muhaji & another [2025] KECA 1294 (KLR)

Court

Court of Appeal

Case number

Civil Application E033 of 2024

Judges

AK Murgor, KI Laibuta, GWN Macharia

The Court of Appeal held that the applicant failed to demonstrate that the intended appeal raised any matter of general public importance warranting certification to the Supreme Court under Article 163(4)(b) of the Constitution. The issues identified by the applicant did not arise from the impugned ruling, which merely struck out the applicant's motion for injunctive relief due to the abatement of the underlying suit, not the substantive appeal itself. The court found that the matters sought to be raised before the Supreme Court were not based on a judicial determination in the courts below,…

Source excerpt

• Abatement Of Suit
• Certification To Supreme Court
• Injunctive Relief
• Appeals Process
• Substitution Of Parties

Ruiru v Kionge & another

Ruiru v Kionge & another [2025] KEELC 5423 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case 76 of 2013

Judge

CK Nzili

The court declined to set aside the consent reviving the suit, but held that summons to enter appearance had to be prepared and served on the substituted defendants.

• Abatement Of Suit
• Substitution Of Parties
• Service Of Summons
• Revival Of Suit
• Consent Orders
• Natural Justice

Mbugua v Mungai & 3 others; Ng’ang’a & 2 others (Intended Plaintiffs)

Mbugua v Mungai & 3 others; Ng’ang’a & 2 others (Intended Plaintiffs) [2025] KEELC 5325 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case E035 of 2025

Judge

JM Onyango

The court dismissed applications to revive and reinstate an abated suit, finding the applicants failed to show sufficient cause for nearly six years’ delay.

• Abatement Of Suit
• Revival Of Suit
• Substitution Of Parties
• Statutory Power Of Sale
• Delay And Diligence
• Costs Orders

Njoroge v Kamau

Njoroge v Kamau [2025] KEELC 5136 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case Civil Suit 32 of 2012

Judge

JO Olola

The court found that the deceased defendant died on 26th June, 2021, and judgment was delivered on 28th April, 2022, less than one year after death. Under Order 24 Rule 4 of the Civil Procedure Rules, abatement only occurs if no substitution is made within one year. Since judgment was delivered within ten months, the suit had not abated. The deceased had participated in the proceedings, filed pleadings, and testified. The court further held that execution could proceed against the estate, as substitution and abatement rules do not apply to execution. The applicants failed to demonstrate lack…

Source excerpt

• Abatement Of Suit
• Substitution Of Parties
• Execution Of Judgment
• Estate Liability
• Injunctions

Meshoi v Meshoi & 9 others

Meshoi v Meshoi & 9 others [2025] KEELC 5245 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case E013 of 2021

Judge

MD Mwangi

The court declined to adopt the proposed consents as judgments because they purported to affect the rights of Defendants who were not parties to the consents, violating principles of natural justice. Further, the Plaintiff had died on 1st December 2023 and had not been substituted by a legal representative within the statutory period. Any purported grant of letters of administration ad litem issued by this court was null and void, as the court lacked jurisdiction to issue such grants. Consequently, the suit abated by operation of law under Order 24 rule 4(3) of the Civil Procedure Rules, and…

Source excerpt

• Consent Judgments
• Abatement Of Suit
• Rectification Of Land Register
• Letters Of Administration

Nzuma (Legal Representative of the Estate of Ndaka Nzuma -Deceased) v Muoki & another; Ndaka & Ndaka (Suing as the Legalre Presentative of the Estate of Ndaka Nzuma - Deceased) (Applicant); Konza Ranching & Farming Co-operative Society Limited (Interested Party)

Nzuma (Legal Representative of the Estate of Ndaka Nzuma -Deceased) v Muoki & another; Ndaka & Ndaka (Suing as the Legalre Presentative of the Estate of Ndaka Nzuma - Deceased) (Applicant); Konza Ranching & Farming Co-operative Society Limited (Interested Party) [2025] KECPT 369 (KLR)

Court

Cooperative Tribunal

Case number

Tribunal Case 234 of 2019

Judges

Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol

The Tribunal dismissed an application to extend time, substitute a deceased claimant, and revive the claim, finding the delay unexplained and the suit abated.

• Substitution Of Parties
• Abatement Of Suit
• Nominee Rights In Cooperative Societies
• Revival Of Claim
• Succession And Estate Administration
• Abatement-of-suit

Njoroge v Mbote

Njoroge v Mbote [2025] KECA 1201 (KLR)

Court

Court of Appeal

Case number

Civil Appeal (Application) E321 of 2012

Judge

F Sichale

The Court of Appeal dismissed an application to revive an abated appeal and substitute the deceased respondent’s administrators, finding the underlying suit was already dismissed and could not be revived.

• Abatement Of Suit
• Substitution Of Parties
• Revival Of Appeal
• Letters Of Administration
• Dismissal For Want Of Prosecution
• Abatement-of-suit

Njeru v Njiru & another

Njeru v Njiru & another [2025] KECA 1247 (KLR)

Court

Court of Appeal

Case number

Civil Appeal 156 of 2018

Judges

S ole Kantai, JW Lessit, AO Muchelule

The Court of Appeal set aside an ELC judgment because a deceased defendant had not been substituted, rendering the proceedings a nullity under Order 24 Rule 4.

• Substitution Of Parties
• Abatement Of Suit
• Beneficial Interest In Land
• Fraudulent Transfer
• Land Control Board Consent
• Substitution-of-parties

Nabui v Wanyama & others

Nabui v Wanyama & others [2025] KEHC 9080 (KLR)

Court

High Court

Case number

Civil Appeal E024 of 2023

Judge

MS Shariff

The High Court allowed an appeal against striking out a long-running suit, holding that res judicata and abatement were not proved and the trial court failed to verify the record.

• Dismissal For Want Of Prosecution
• Res Judicata
• Abatement Of Suit
• Fiduciary Duty
• Burden Of Proof
• Res-judicata

Oloo v Sweta & 5 others

Oloo v Sweta & 5 others [2025] KEELC 4739 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 15 of 2023

Judge

E Asati

The court revived an abated suit after finding sufficient cause for an eight-year delay, substituted the deceased plaintiff with the administrator, and allowed amendment.

• Abatement Of Suit
• Revival Of Suit
• Substitution Of Parties
• Delay In Prosecution
• Administration Of Estates
• Revival-of-suit