Wanguhu & Wanguhu (Suing as administrators for and on behalf of the Estate of Fridah Wairimu Wanguhu) v Wangui (Environment & Land Case E20 of 2021) [2022] KEELC 13295 (KLR) (6 October 2022) (Ruling)

Summary at a glance

Facts

Wilfred Manyara Wanguhu passed away on November 4, 2021, and an application to remove him as administrator was made in Nakuru succession case No. 768 of 2012. The application was allowed on November 8, 2021, and the estate was granted to Alex Mwaura Wanguhu, Antony Michael Kinuthia, and Tony Kiarie Kaime.

Issues

• Whether the Court Should Grant Orders for Substitution

Reasoning

The court applied Order 24 Rule 3(1) of the Civil Procedure Rules, which allows the court to make the legal representative of the deceased administrator a party to the suit if the cause of action does not survive to the surviving administrator or administrator alone.

Outcome

The application is allowed.

Orders

• The name of Wilfred Manyara Wanguhu be and is hereby substituted with Anthony Michael Kinuthia and Tony Kiarie Kaime as plaintiffs in this suit.

Remedies

• The costs of this application shall abide the outcome of the main suit.

Authorities cited