DISHON KARUGA MBURIA v KATHUNGU NJOKA [2006] KEHC 101 (KLR)
- Court
- High Court of Kenya
- Case number
- 101
- Citation
- [2006] KEHC 101 (KLR)
- Decided
- 15 May 2006
The license survives the deceased by virtue of the Irrigation Act, and the appeal can be finalized by a legal representative of the deceased. The application to appoint Hellen Wangari Kathungu as a successor is adjourned to enable a grant of representation to be filed.
Facts
The deceased, Kathungu Njoka, held a license to utilize a Rice Holding by the National Irrigation Board. He died on 9/9/2004, and the license was held by his widow, Hellen Wangari Kathungu, who claims she is too old to work.
Issues
- Whether there is a personal successor with a grant of representation to be substituted in place of the deceased.
- Whether the right to work on the Rice Holding Estate survives the death of the licensee.
Reasoning
The Irrigation Act provides for the licensee to nominate a successor in case of death. The widow is the legal representative entitled to take a grant of representation.
Outcome
The application is adjourned to enable a grant of representation to be filed.
Orders
- Adjourn the application to enable a grant of representation to be filed.
Authorities cited
Legislation (2)
- Irrigation Act Cap. 347
- Civil Procedure Rules Order 23 Rule 4
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