Oyole (Legal Representative of the Estate of Rispa Awinja Oyole) v Farmline East Africa Limited (Cause 1930 of 2015) [2022] KEELRC 1257 (KLR) (8 July 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1257
- Citation
- [2022] KEELRC 1257 (KLR)
- Decided
- 8 July 2022
The application is well-merited, and the orders sought therein are granted. The deceased claimant shall be substituted within the next 30 days from today, failure to which the suit shall stand abated with no further reference to the Court. Costs of this application shall be in the cause.
Facts
The applicant is the legal representative of the estate of Rispa Awinja Oyole, deceased. The respondent is Farmline East Africa Limited. The applicant seeks the substitution of the deceased claimant within 30 days from the date of the ruling, and the respondent is ordered to pay costs.
Issues
- Substitution of the deceased claimant
- Costs of the application
Reasoning
The court grants the application due to the well-merited nature of the request and the substitution of the deceased claimant within the stipulated time. The court also orders the respondent to pay costs.
Outcome
Granted
Orders
- Substitute the deceased claimant within 30 days from today
- Costs of the application shall be in the cause
Remedies
- Substitution of the deceased claimant within 30 days from today
- Costs of the application shall be in the cause
Authorities cited
Legislation (2)
- Civil Procedure Act (Chapter 21 of the Laws of Kenya)
- Section 1B of the Civil Procedure Act (Chapter 21 of the Laws of Kenya)
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