Eunice Wangui Muturi v Francis Kamande & another [2017] KEELC 1855 (KLR)
- Court
- Environment & Land Court
- Case number
- 1855
- Citation
- [2017] KEELC 1855 (KLR)
- Decided
- 31 July 2017
The applicants’ application for substitution is dismissed with costs to the Respondents
Facts
The deceased, Francis Kamande, entered into a sale agreement with Patrick Kamau Ndete for a property known as LR No. 209/11658. The deceased paid a deposit and later made a further payment, leaving a balance of Kshs.20,000. The deceased was forced to file a suit against the vendor in Nairobi Chief Magistrates Court Civil case No. 454 of 1996. The vendor transferred the suit land to the Respondent, Eunice Wangui Muturi. The deceased then filed the present suit against the vendor, seeking injunctive orders and demolition of structures on the suit land.
Issues
- Whether the legal representatives of the deceased defendant should be substituted in the suit
- Whether the application for substitution should be granted due to the late filing
Reasoning
The applicants did not apply for substitution within one year of the deceased’s death, and their only reason for the late application is ignorance of the existence of the suit. The court found this explanation insufficient and dismissed the application.
Outcome
Appeal dismissed
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