La Marina Limited v Riziki Charo Kambi & 2 others; Robert Philip Ashworth (Interested Party) [2021] KEELC 2318 (KLR)
- Court
- Environment & Land Court
- Case number
- 2318
- Citation
- [2021] KEELC 2318 (KLR)
- Decided
- 30 July 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for substitution of Interested Party and representationCoramJ.O. OLOLA
Holding
The application is dismissed with costs as the Applicant cannot continue with a claim extinguished by operation of law more than three years before she came to court.
Facts
Robert Philip Ashworth, the Interested Party, passed away on 25 February 2017. His widow, Susan Ashworth, seeks to be substituted in his place and represent his claim.
Issues
- Whether the application for substitution and representation is timely
- Whether the death of the Interested Party caused the suit to abate
Reasoning
The law generally abates a suit where a sole Plaintiff or sole surviving Plaintiff dies and the cause of action survives or continues if no application is made within one year following his death. The Applicant has not applied for enlargement of time nor for the revival of the suit.
Outcome
Application dismissed with costs
Authorities cited
Legislation (1)
- Civil Procedure Rules
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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