George Gatembo (suing as the Legal Representative of the Estate of Joseph Muguna (Deceased) v Elijah Mutegi M’rwito & 10 others [2021] KEELC 3157 (KLR)
- Court
- Environment & Land Court
- Case number
- 3157
- Citation
- [2021] KEELC 3157 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal and SubstitutionCoramChesoni, Cockar AG, Gicheru
Holding
The court will provide costs for the application and will allow the substitution of the deceased's estate.
Facts
The plaintiff is the legal representative of the estate of Joseph Muguna, who passed away on November 3, 2017. The defendants are seeking to appeal a judgment and substitute the deceased's estate.
Issues
- Whether the court has jurisdiction to preserve the subject matter of the intended appeal through an injunction.
- Whether the substitution of the deceased's estate is competent and an abuse of the court's process.
Reasoning
The court found that the defendants have a right to appeal and that the substitution of the deceased's estate is not an abuse of the court's process.
Outcome
The application for substitution is allowed.
Orders
- Costs of the application be provided for.
- The applicants MARETE MAINGI WA MUGAMBI and MUGAMBI MURITHI MAINGI be enjoined herein to substitute the late 2nd defendant one M’MUGAMBI M’MARETE.
Authorities cited
Legislation (4)
- Civil Procedure Act
- Civil Procedure Rule
- Environment and Land Court Act
- Constitution of Kenya
Cases cited (3)
- Madhupaper International Ltd vs Kerr (1985) KLR 840
- Emma Muthoni Wambaa and another vs Joseph Kibaara Kariuki, Mombasa HCC No. 274 of 2009
- Bailey Oluoch Okun Orinda vs. Ayub Muthee M’Igweta & 2 Others (2014) 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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