Eston Ndungu Wanyoike & others v Bernard Thuita & others [2017] KEHC 9920 (KLR)
- Court
- High Court of Kenya
- Case number
- 9920
- Citation
- [2017] KEHC 9920 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for substitution of deceased plaintiffCoramOLGA SEWE, RACHEL NG'ETICH
Holding
The application is competent and the Applicants have made a good case for their joinder.
Facts
Eston Ndung'u Wanyoike died on 13 June 2010 during the pendency of the case. Grant of Letters of Administration to his estate was made on 15 March 2011 to the Applicants, Joice Maregi Ndung'u, Robert Mugambi Ndung'u, and Ann Nduta Karioki.
Issues
- Whether the application is competent
- Whether the Applicants have made a good case for their joinder
Reasoning
The court found the application competent and the Applicants' case good, despite the delay in filing.
Outcome
Application granted
Orders
- The name of Eston Ndung'u Wanyoike as the 1st Plaintiff be substituted with those of the Applicants
Authorities cited
Legislation (2)
- Civil Procedure Rules, 2010
- Interpretation and General Provisions Act, 2011
Cases cited (2)
- Rotich Cherutich & 3 Others vs. Director of Surveys & Another, Eldoret ELC Case No. 93 of 2012
- Sultanali P. Molu & Another vs. Railways Corporation & Another [2002] eKLR
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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