SAMWEL KAHIU MUNYUA v KENYA COMMERCIAL BANK LTD [2007] KEHC 462 (KLR)
- Court
- High Court of Kenya
- Case number
- 462
- Citation
- [2007] KEHC 462 (KLR)
- Decided
- 19 April 2007
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication to declare the suit abatedCoramKABURU BAUNI
Holding
The court declares the suit abated.
Facts
The plaintiff, SAMWEL KAHIU MUNYUA, passed away on 10th March 2005 due to severe pneumonia. Since then, there has been no applicant to substitute the deceased plaintiff.
Issues
- Whether the suit should be declared abated due to the plaintiff's death and lack of substitution
Reasoning
The plaintiff passed away more than one year ago, and no application for substitution was made within the one-year period stipulated by the court rules.
Outcome
The suit is declared abated.
Orders
- The defendant will have costs of the suit to be paid from the estate of the deceased plaintiff.
Authorities cited
Legislation (1)
- Order XXIII Rules 3 and 12 of CPR
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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