Ogona v Maro (Environment and Land Case 57 of 2018) [2025] KEELC 6901 (KLR) (9 October 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 6901
- Citation
- [2025] KEELC 6901 (KLR)
- Decided
- 9 October 2025
The court finds that the suit should not be abated due to the plaintiff's death, as one year had not lapsed since his death.
Facts
The plaintiff, Maulid Mohamed Ogona, died on 24.04.2025, and his advocate filed a notice of motion seeking the abatement of the suit under Order 24 Rule 3 of the Civil Procedure Rules due to the plaintiff's death. The defendant opposed the application, asserting that the suit had not abated as one year had not lapsed since the plaintiff's death and that she had a counter-claim.
Issues
- Whether the suit should be abated due to the plaintiff's death
- Whether the defendant's counter-claim should be considered
Reasoning
The court ruled that the suit should not be abated because the plaintiff's death did not trigger the abatement of the suit under Order 24 Rule 3 of the Civil Procedure Rules, as one year had not passed since his death.
Outcome
The application for abatement of the suit was dismissed.
Orders
- The application for abatement of the suit was dismissed.
- The costs of the application were not provided for.
Authorities cited
Legislation (1)
- Civil Procedure Rules 2010
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