Mary Njeri Kabundi v Christine Mithiri Mbugua & another; Mabia Benard Mbai (Interested Party) [2021] KEELC 2950 (KLR)
- Court
- Environment & Land Court
- Case number
- 2950
- Citation
- [2021] KEELC 2950 (KLR)
- Decided
- 10 June 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for substitution and revival of suitCoramSee H.
Holding
The Court grants the application for substitution and revives the suit.
Facts
The 1st Defendant, Christine Mithiri Mbugua, has passed away. The Plaintiff/Applicant seeks to revive the suit against the 1st Defendant and substitute Daniel Mwangi Mbugua as her legal representative.
Issues
- Whether the Court can extend time within which a Defendant can be substituted.
- Whether the Application is merited.
Reasoning
The Court finds that the time for substitution had not lapsed and that the Plaintiff/Applicant has a valid reason to seek substitution due to the death of the 1st Defendant. The Court also grants the application for further or better orders as shall meet the ends of justice.
Outcome
Application granted
Orders
- Substitute Daniel Mwangi Mbugua as the legal representative of the deceased Christine Mithiri Mbugua.
- Revive the suit against the 1st Defendant.
- Further or better orders as shall meet the ends of justice.
Remedies
- Substitution of Daniel Mwangi Mbugua as the legal representative of the deceased Christine Mithiri Mbugua.
- Revival of the suit against the 1st Defendant.
Authorities cited
Legislation (3)
- Civil Procedure Rules
- Limitation of Actions Act
- Register of Land Act
Cases cited (1)
- Rebecca Mijide Mungole & another ...Vs... Kenya Power & Lighting Company Ltd & 2 others [2017] eKLR
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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