Milka Njeri Thuo & another v Pauline Wangari Gikera & another [2017] KEELC 1631 (KLR)
- Court
- Environment & Land Court
- Case number
- 1631
- Citation
- [2017] KEELC 1631 (KLR)
- Decided
- 20 July 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeSubstitution of Applicant and Leave to Amend Originating SummonsPostureAppeal from a decision of the Environment and Land CourtCoramGeorge Morara Gori
Holding
The Court allows the substitution of the 2nd Applicant by her son Simon Maina Nganga. The application for leave to amend the originating summons is granted.
Facts
Milka Njeri Thuo and Grace Njoki Kimotho filed an originating summons seeking declaratory orders. Grace Njoki Kimotho died on 15th March 2015, and Simon Maina Nganga, her son, seeks substitution and leave to amend the originating summons.
Issues
- whether the application for substitution of the 2nd Applicant is meritorious
- whether the applicants are entitled to leave to amend the originating summons
Reasoning
The Court allows the substitution as the 2nd Applicant's death is not opposed by the Respondents. The Court grants leave to amend the originating summons as the applicant has not provided the amended summons.
Outcome
The Court grants the substitution and leave to amend the originating summons.
Orders
- substitution of the 2nd Applicant by her son Simon Maina Nganga
- leave to amend the originating summons
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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