Agnes Andenyi Imbuchi & another v Sued as Administrators of the Estate of Richard M. Imbuchi Rose Ikambi Ambula & another [2022] KEELC 993 (KLR)
- Court
- Environment & Land Court
- Case number
- 993
- Citation
- [2022] KEELC 993 (KLR)
- Decided
- 8 March 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeSubstitution of PlaintiffPostureApplication for substitution of plaintiff and amendment of originating summonsCoramD. O. OHUNGO
Holding
The court finds merit in the application and substitutes the deceased plaintiff by the applicant and grants leave to amend the originating summons.
Facts
The first plaintiff, Agnes Andenyi Imbuchi, passed away on 31st October 2020. The applicant, Alexander Agengo, is the administrator of her estate and obtained limited grant of letters of administration ad litem.
Issues
- Whether the deceased plaintiff's estate can be represented by the applicant
- Whether the application for substitution and amendment of originating summons is valid
Reasoning
The court considers that the applicant holds letters of administration ad litem and can represent the deceased's estate. The application is not fatally defective as the deceased passed away before the one-year period for substitution.
Outcome
The application is granted.
Orders
- The deceased plaintiff Agnes Andenyi Imbuchi be and is hereby substituted by Alexander Agengo
- Leave be and is hereby granted to amend the Originating Summons in accordance with the draft amended Originating Summons
- The amended Originating Summons be filed and served within 14 days from the date of delivery of this ruling
- The defendant to file and serve, if need be, a reply to the amended Originating Summons within 14 days of service
- Costs be in the cause
Remedies
- Substitution of the deceased plaintiff by the applicant
- Amendment of the originating summons
Authorities cited
Legislation (3)
- Civil Procedure Act
- Law of Succession Act
- Order 24 Rules 1-3 of the Civil Procedure Rules
Cases cited (2)
- Lydia Ntembi Kairanya & Another vs. Attorney General [2009] eKLR Civil Case No. 618 of 1997
- Trouistik Union International and Anor. vs. Mrs. Jane Mbeyu and Anor [1993] KLR 230
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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