Peter Mbugua Mukora v David M Gathaiya (Sued as the Legal Representative of Rachel Wairimu Mbugua – Deceased) [2014] KEELC 650 (KLR)
- Court
- Environment & Land Court
- Case number
- 650
- Citation
- [2014] KEELC 650 (KLR)
- Decided
- 3 October 2014
Summary at a glance
TypeSubstitution of PlaintiffPostureApplication for substitution of PlaintiffCoramL.N. GACHERU
The court ordered the substitution of the Plaintiff's wife as the Plaintiff in the suit.
Facts
The Plaintiff, Peter Mbugua Mukora, died on 25/5/2013 and was appointed as a legal representative of his estate. The Plaintiff's wife, Anna Njeri Mbugua, seeks to be substituted as the Plaintiff in the suit.
Issues
- Whether the Plaintiff's wife can be substituted as the Plaintiff due to the Plaintiff's death
- Whether the Defendant's claim of adverse possession extinguishes upon the Plaintiff's death
Reasoning
The court found that the Plaintiff's wife can be substituted as the Plaintiff due to the Plaintiff's death, as the claim of adverse possession does not extinguish upon the Plaintiff's death.
Outcome
The application for substitution of the Plaintiff was granted.
Orders
- Order of substitution of the Plaintiff's wife as the Plaintiff in the suit
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