Henry Kiptalam Barngetuny v Stanley A. Ngetich [2013] KEELC 45 (KLR)
- Court
- Environment & Land Court
- Case number
- 45
- Citation
- [2013] KEELC 45 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAbatement of SuitPostureApplication to revive an abated suitCoramJustice Munyao Sila
Holding
The application to revive the abated suit is dismissed.
Facts
The plaintiff, Henry Kiptalam Barngetuny, died on 29/4/2010. The legal representative of the deceased plaintiff sought to proceed with the suit, but it had abated due to the plaintiff's death. The plaintiff's legal representative obtained a grant of letters of administration ad litem on 28 March 2012, but the suit had already abated by then.
Issues
- Whether the application to revive the abated suit should be granted.
- Whether the legal representative of the deceased plaintiff should be made a party to the suit in place of the plaintiff.
- Whether the applicant should be granted leave to amend the plaint in consonance with the substitution of the legal representative.
Reasoning
The court found that the applicant has not demonstrated sufficient reason to enable the suit to be revived, and given the totality of the circumstances, the court is not inclined to exercise the wide discretion donated to it.
Outcome
Application dismissed
Orders
- The suit shall now be formally marked as abated.
Authorities cited
Legislation (3)
- Civil Procedure Act
- Land Disputes Tribunal Act
- Environment and Land Court Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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