Ngambi Muthira Meme v Patrick Musunga & another [2006] KEHC 2982 (KLR)
- Court
- High Court of Kenya
- Case number
- 2982
- Citation
- [2006] KEHC 2982 (KLR)
- Decided
- 28 March 2006
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for revival of suit and substitution of legal representativeCoramMOHAMMED K. IBRAHIM
Holding
The court revives the suit and grants substitution of the deceased plaintiff by the applicant.
Facts
Ngambi Muthira Meme died on 11th November, 2001. Her daughter, the applicant, was advised to look for money to file a petition for the grant of letters of administration. She raised Kshs.15,000/= to apply for the letters of administration, which were finally issued on 3rd February, 2005. The suit abated 12 months after her death.
Issues
- Whether economic or financial reasons constitute a sufficient cause to prevent an applicant from continuing a suit that subsequently abates.
- Whether the applicant can seek substitution of the deceased plaintiff within the same application for revival.
Reasoning
The court considers the applicant's explanation for the delay in raising the funds and finds it excusable. The court grants the application for revival and substitution.
Outcome
The suit is revived and the deceased plaintiff is substituted by the applicant.
Orders
- This suit be revived.
- This Honourable court be pleased to cause the Legal representative of the deceased plaintiff, one GRACE WAITHERA CHEGE to be made a party to this suit in order that she may proceed with the same to its conclusion in that capacity.
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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