Sarah Maria Lobo & another (sued as the Legal Representative/Administrators of the Estate of the late Paul Lobo) v Ethics and Anti-Corruption Commission & 2 others [2021] KECA 828 (KLR)

Facts

The applicants were substituted as legal representatives of the deceased in a suit filed by the 1st respondent against the deceased and the 2nd respondent. The suit sought cancellation of entries in favor of the deceased and the 2nd respondent in the register. The deceased passed away, and the action abated. The 1st respondent applied for revival and substitution, which was allowed. The applicants denied knowledge of the suit and contended that they should not have been joined to the suit.

Issues

1. Whether the applicants should have been joined to the suit
2. Whether the cause of action in the suit survived the deceased's death
3. Whether the applicants as legal representatives of the deceased were properly joined in the proceedings

Reasoning

The Court finds that the appeal is not arguable and that the applicants lack capacity or interest in the suit. The costs incurred by the applicants in defense of the suit and prosecution of the appeal are capable of being recouped.

Outcome

Dismissed

Authorities cited