Naftary Karume Gicheru (Deceased) & another v Board of Management Gatondo Girls Secondary School [2019] KEELRC 1207 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1207
- Citation
- [2019] KEELRC 1207 (KLR)
- Decided
- 12 July 2019
Summary at a glance
TypeSubstituting Party in a Labour DisputePostureMotion to be substituted in place of deceased claimantCoramNzioki wa Makau
The widow of the deceased claimant can be substituted in place of the deceased claimant and her motion is granted with costs being costs in the cause.
Facts
The deceased claimant, Naftary Karume Gicheru, was seeking recompense from the respondent, Gatondo Girls Secondary School, his erstwhile employer. The widow of the deceased claimant, Mary Njoki Muu, has taken out letters of administration ad colligenda bona in respect of the estate of the deceased.
Issues
- Whether the widow of the deceased claimant can be substituted in place of the deceased claimant
- Whether the cause of action in relation to the breach of contract asserted in the claim survives the demise of the deceased claimant
Reasoning
The substantive law, the Law Reform Act, states that the cause of action in relation to the breach of contract asserted in the claim survives and therefore the suit did not automatically abate on the demise of the Claimant.
Outcome
Motion granted
Orders
- Directions will be taken for the purposes of procuring the conclusion of the suit
Authorities cited
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