Chabari Mungania v Felix Murithi Kirai & another; Francis Kiurnga Chabari (Intended Substituted Plaintiff/Applicant) [2020] KEELC 3301 (KLR)
- Court
- Environment & Land Court
- Case number
- 3301
- Citation
- [2020] KEELC 3301 (KLR)
- Decided
- 11 March 2020
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeSubstitution of PlaintiffPostureApplication for substitution of plaintiff and leave to amendCoramHonourable Lady Justice Lucy Mbugua
Holding
The application is granted
Facts
The plaintiff, Chabari Mungania, passed away on 19 April 2019 while the suit was pending. The applicant, Francis Kiurnga Chabari, has obtained letters of administration ad litem.
Issues
- Substitution of the deceased plaintiff with the applicant
- Leave to amend the plaint
Reasoning
The court finds that the applicant has obtained the necessary legal documents and that the defendant will not be prejudiced by the substitution. The plaintiff's suit will abate to the detriment of his estate if the application is denied.
Outcome
Granted
Orders
- The application is certified as urgent and heard as a matter of priority
- The plaintiff is substituted with the applicant Francis Kiurnga Chabari
- Leave is granted to amend the plaint
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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