Onesmus Sintole Saidimu v Statutory Manager – United Insurance Co Ltd (Under Statutory Management) & 3 others [2019] KEELC 4395 (KLR)
- Court
- Environment & Land Court
- Case number
- 4395
- Citation
- [2019] KEELC 4395 (KLR)
- Decided
- 27 February 2019
Summary at a glance
TypeCivilPostureAppeal from the original trialCoramHancox, KLR Nambuye
The suit is incompetent and fatally defective as it was filed after the death of the Plaintiff and should be struck out in limine.
Facts
The Plaintiff, Onesmus Sintole Saidimu, died in August 2015. His son, Semenkurr Sane Saidimu, filed a suit on his behalf in November 2015, seeking to recover land parcel KAJIADO/ PURKO/ 334. The suit was filed after the Plaintiff had issued instructions to the advocate to file the suit. The 3rd Defendant opposed the substitution of the Plaintiff with his son and sought to strike out the suit.
Issues
- Whether the application for substitution of the Plaintiff with Semenkurr Sane Saidimu should be allowed.
- Whether the suit should be consolidated with ELC 332 of 2017.
- Whether Semenkurr Sane Saidimu should be enjoined as a party to the suit.
- Whether the Consent Order/Judgment entered on 31st July, 2017 should be stayed or set aside.
Reasoning
The Plaintiff died in August 2015, and the suit was filed in November 2015, which is after his death. The Court held that the suit is incompetent and fatally defective.
Outcome
The application for substitution of the Plaintiff with Semenkurr Sane Saidimu was denied. The suit was struck out in limine.
Orders
- The application for substitution of the Plaintiff with Semenkurr Sane Saidimu was denied.
- The suit was struck out in limine.
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