Stephen Gikonyo Gathugwa v Ruaka Sabuni Development Company & another [2017] KEELC 1787 (KLR)
- Court
- Environment & Land Court
- Case number
- 1787
- Citation
- [2017] KEELC 1787 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to enlarge time for substitution of deceased defendantCoramK. BOR
Holding
The application to enlarge time for substitution of the deceased defendant is dismissed with no orders as to costs.
Facts
The Plaintiff filed a suit against Ruaka Sabuni Development Company and Njoroge Kamau. The suit was dismissed on 25/2/2015. The Plaintiff applied to substitute Njoroge Kamau with his Administrator, Rose Njambi Njoroge, who is the deceased's Administrator.
Issues
- Whether the time required for substituting the deceased defendant should be enlarged.
- Whether the Plaintiff's application to set aside the order for dismissal should be considered.
Reasoning
The court dismissed the application since the suit was already dismissed on 25/2/2015, and the Plaintiff's application to set aside the order for dismissal was never prosecuted.
Outcome
Application dismissed
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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