Ruth Wambugi Ngureti v Lucas Kamau Ngureti; Mishek Gatana Ngureti & 3 others (Interested Parties) [2019] KEELC 2087 (KLR)

Summary at a glance

Facts

The plaintiff, Ruth Wambugi Ngureti, sought to vary, review, or set aside the orders of 25 January 2018, claiming she was unable to substitute the deceased defendant due to a ruling in a Petition for Letters of Administration No. 28 of 2016, which was delivered on 8 June 2018.

Issues

• Whether the plaintiff's inability to substitute the deceased defendant was a sufficient reason to review the orders of 25 January 2018.
• Whether the plaintiff's illness and lack of contact with counsel constituted a sufficient reason to review the orders of 25 January 2018.

Reasoning

The court finds that the plaintiff's reasons for failing to comply with the order were sufficient to review the orders of 25 January 2018, as they were not within her knowledge or could not be produced due to the ruling in the Petition for Letters of Administration No. 28 of 2016.

Outcome

The application is allowed.

Orders

• The case be mentioned on 12th April 2018.
• If no action is taken by then to substitute the deceased defendant, the suit will stand dismissed.

Remedies

• The plaintiff bears the costs of the application.

Authorities cited