Penina Auma Otieno (Suing As A Legal Representative Of Ezra Otieno Ongong’a(Deceased) v Charles Otieno Ayoo & 2 others [2013] KEHC 2163 (KLR)
- Court
- High Court of Kenya
- Case number
- 2163
- Citation
- [2013] KEHC 2163 (KLR)
- Decided
- 27 September 2013
The applicant’s application is allowed in terms of prayers 1 and 2. The suit is revived only as concerns the deceased plaintiff.
Facts
Ezra Otieno Ongong’a died on 24th June, 2008. Penina Auma Otieno, his widow, obtained a grant of letters of administration ad litem for his estate. The suit abated at the expiry of one year from the date of death. The applicant seeks to revive the suit and join herself as plaintiff in place of the deceased.
Issues
- Whether the applicant can be joined as plaintiff in place of the deceased
- Whether the applicant can be granted an extension of time to apply to be joined as plaintiff
Reasoning
The court grants the application because the applicant has given good reasons for the delay in making the application to be joined as plaintiff, and the deceased’s previous advocates failed to take appropriate steps within the prescribed time.
Outcome
The applicant’s amended Notice of Motion application dated 14th May, 2012 is allowed in terms of prayers 1 and 2.
Orders
- The suit is revived only as concerns the deceased plaintiff
- The applicant having abandoned prayer 3 of the application will have to decide on what to do with regard to the deceased defendant against whom this suit has also abated
Remedies
- The costs of the application shall be in the cause
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