Madara Evans Okanga Dondo v Kiarie Nganga [2015] KEELC 339 (KLR)
- Court
- Environment & Land Court
- Case number
- 339
- Citation
- [2015] KEELC 339 (KLR)
- Decided
- 11 June 2015
The application is allowed, and the suit is revived with the substitution of the deceased plaintiff and defendant as proposed.
Facts
The land was previously registered in the name of Rev Madara Evans Okanga Dondo. It was put up for sale by way of public auction, and the defendant, Kiarie Nganga, was declared the highest bidder. The plaintiff, Rev Madara, had charged the property to Housing Finance Company of Kenya Limited (HFCK) to secure some financial accommodation. There was a counterclaim by the defendant for an eviction order and mesne profits.
Issues
- Whether necessary to have this suit proceed in light of the other existing suit
- Whether to allow the application for substitution of the deceased plaintiff and defendant
Reasoning
The court finds merit in the application and allows it, considering the other existing suit and the need to avoid prejudicing the defendant.
Outcome
The application is allowed, and the suit is revived with the substitution of the deceased plaintiff and defendant as proposed.
Orders
- The application is certified urgent and be heard on priority basis.
- This honourable court be pleased to revive this suit.
- This honourable court be pleased to extend time within which the applicants can apply for substitution of the deceased plaintiff and the deceased defendant with the names of the plaintiffs and defendants legal representative.
- This honourable court be pleased to substitute the name of the plaintiff, Rev. Madara Evans Okanga Dondo (deceased) with those of Fosca Aboli Dondo and Caleb Otieno Madara Dondo the joint administrators of the estate of the deceased plaintiff.
- This honourable court be pleased to substitute the name of the defendant Kiarie Nganga (deceased) with those of John Nganga Kiarie and Patrick Nganga Kiarie the joint administrators of the estate of the deceased defendant.
- Costs herein be in the cause.
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