Joshua Chegenjoroge v Ann Wanjirumwaura & Virginia Wambuimwaura (Environment & Land Case 201 of 2017) [2021] KEELC 2169 (KLR) (29 July 2021) (Ruling)
- Court
- Environment & Land Court
- Case number
- 2169
- Citation
- [2021] KEELC 2169 (KLR)
- Decided
- 29 July 2021
The application for substitution is defective, incompetent and bad in law. The suit has abated and the costs incurred by the defendants in defending the suit are to be recovered from the estate of the deceased plaintiff.
Facts
The deceased plaintiff, Joshua Chegenjoroge, filed a plaint seeking various reliefs against the defendants. The suit was declared abated due to the death of the deceased plaintiff and the failure to make an application for substitution within one year.
Issues
- Whether the application for substitution is defective, incompetent and bad in law.
- Whether the suit has abated and, if so, what is the consequence thereof.
Reasoning
The court found the application for substitution lacking in evidence and procedural compliance. The suit abated due to the failure to make an application for substitution within one year of the deceased plaintiff's death.
Outcome
The application for substitution is dismissed, and the suit is declared abated.
Orders
- The application for substitution is dismissed.
- The suit is declared abated.
- The costs incurred by the defendants in defending the suit are to be recovered from the estate of the deceased plaintiff.
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Environment and Land Court Act 2011
Cases cited (1)
- Rebecca MijideMungole and Another v Kenya Power and Lighting Company Limited and 2 Others [2017] eKLR
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