Nashon K Omwenga v Joseph K Ngiria & another [2021] KEELC 2629 (KLR)
- Court
- Environment & Land Court
- Case number
- 2629
- Citation
- [2021] KEELC 2629 (KLR)
- Decided
- 16 June 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand SuitPostureApplication to substitute deceased plaintiff and seek injunctive ordersCoramE. O. OBAGA
Holding
The preliminary objection by the 2nd Respondent is upheld, and the Notice of Motion dated 15th April 2021 is struck out with costs to the 2nd Respondent.
Facts
The suit was filed by Marcella Omwenga (deceased) on 25 August 2016. She died on 28 December 2020. Nahson Kebwaro Omwenga, her husband, filed an application to substitute her as the plaintiff.
Issues
- Whether the applicant has locus standi to substitute the deceased as plaintiff before obtaining letters of administration.
- Whether the applicant can be substituted in place of the deceased without obtaining letters of administration.
Reasoning
The suit was filed by the deceased. The applicant cannot be substituted in place of the deceased without obtaining letters of administration in respect of the estate of the deceased.
Outcome
The application is dismissed.
Orders
- The Notice of Motion dated 15th April 2021 is struck out with costs to the 2nd Respondent.
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.
Loading judgment…