Rhoda Ndini Nzioka v District Land Registrar, Machakos & 3 others [2019] KEELC 4372 (KLR)
- Court
- Environment & Land Court
- Case number
- 4372
- Citation
- [2019] KEELC 4372 (KLR)
- Decided
- 28 February 2019
The suit is revived and the Plaintiff is substituted by her legal representative. The Plaintiff is required to file an Amended Plaint within 14 days from the date of the judgment.
Facts
The Plaintiff Rhoda Ndini Nzioka died on 19 April 2013. Her application for substitution was dismissed on the grounds that she did not have Letters of Administration. The Letters of Administration were issued on 16 July 2018. The 3rd Defendant filed grounds of opposition, claiming the suit did not survive the Plaintiff.
Issues
- Whether the suit should be revived and the Plaintiff substituted
- Whether the Plaintiff's advocate did not attend court and if an Application similar to the current one was filed
Reasoning
The Plaintiff died on 19 April 2013, and her application for substitution was dismissed due to lack of Letters of Administration. However, the Letters of Administration were issued on 16 July 2018. The court held that the Plaintiff could only be substituted after the finalization of Succession Cause No. 420 of 2013, and the current Application is meritorious.
Outcome
The suit is revived and the Plaintiff is substituted by her legal representative.
Orders
- The order marking the suit as abated be and is hereby set aside.
- This suit be and is hereby revived and the Plaintiff be substituted by her legal representative.
- The Plaintiff to file an Amended Plaint within fourteen (14) days from today.
- The costs of the Application to be in the cause.
Remedies
- Revival of the suit and substitution of the Plaintiff
Authorities cited
Legislation (1)
- Order 24 Rule 7 (2) of the Civil Procedure Rules
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