Mary Njeri v Mohammed Ali [2018] KEHC 3588 (KLR)
- Court
- High Court of Kenya
- Case number
- 3588
- Citation
- [2018] KEHC 3588 (KLR)
- Decided
- 8 October 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeSubstitution of PlaintiffPostureApplication for substitution of plaintiff in a determined caseCoramF. MUCHEMI
Holding
The court finds merit in the application and allows it, substituting Feisal Mohammed Ali as the plaintiff in place of his deceased mother.
Facts
The plaintiff Mary Njeri passed away, and her son, Feisal Mohammed Ali, seeks to be substituted as the plaintiff in the ongoing case.
Issues
- Whether Feisal Mohammed Ali can be substituted as the plaintiff in the case of Mary Njeri's death
- Whether the respondent's opposition to the substitution is valid
Reasoning
The court rules that upon the death of a party, the personal legal representatives have the right to apply for substitution of the deceased party, which is necessary for the determination of the pending suit. The respondent's opposition is dismissed as baseless.
Outcome
The application is allowed, and Feisal Mohammed Ali is substituted as the plaintiff.
Orders
- To authorize the Deputy Registrar to sign the necessary documents to facilitate sub-division of plot No.1112/498
Remedies
- Substitution of Feisal Mohammed Ali as the plaintiff
Authorities cited
Legislation (1)
- Land Registration Act No.3 of 2012
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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