Joseph Kimani Nganga v Fatuma Hersi Ali [2018] KEELC 4318 (KLR)
- Court
- Environment & Land Court
- Case number
- 4318
- Citation
- [2018] KEELC 4318 (KLR)
- Decided
- 8 February 2018
The application to substitute the deceased defendant is allowed, and Zainab Umar Abdi is enjoined to continue the suit on behalf of the deceased's estate.
Facts
The plaintiff, Joseph Kimani Nganga, claimed ownership of land parcel Dundori/Mugwathi Block 2/168, which he alleged was fraudulently obtained by the deceased defendant, Fatuma Hersi Ali. The plaintiff filed a plaint in 2012, and the defendant filed a defence and counterclaim. The plaintiff's application to substitute the deceased defendant was filed in 2017.
Issues
- Substitution of deceased defendant
- Continuation of suit by applicant
Reasoning
The cause of action over land survives the death of the deceased, and the applicant holds letters of administration ad litem to represent the estate. The application was filed within one year of the deceased's death.
Outcome
Application Allowed
Orders
- Zainab Umar Abdi is enjoined to continue the suit on behalf of the estate of the deceased Fatuma Hersi Ali
Remedies
- Continuation of suit by applicant
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