Charterhouse Bank Limited v Vijay Kumar Ratilal Kanti Shah & another [2021] KEHC 8530 (KLR)
- Court
- High Court of Kenya
- Case number
- 8530
- Citation
- [2021] KEHC 8530 (KLR)
- Decided
- 1 March 2021
The court allowed the substitution of the deceased plaintiff with the plaintiffs, but found that the application for extension of time was not made in good time and that the Appellant would not suffer prejudice.
Facts
The deceased plaintiff, Vijay Kumar Ratilal Kanti Shah, died on December 3, 2017. The plaintiff's estate was represented by Karishma Shah-Tanna and Dilesh Somchand Bid. The plaintiff's application to substitute the deceased with the plaintiffs was made on April 15, 2019.
Issues
- Whether the court may extend time for a good reason where the suit had already abated.
- Whether the court should allow the substitution of the deceased plaintiff with the plaintiffs
Reasoning
The court held that the application for extension of time was not made in good time and that the Appellant would not suffer prejudice. The court also noted that there was no evidence that the grant was rectified to capture the intention of Bid join in the prosecution of the suit.
Outcome
Appeal allowed
Orders
- The application for substitution of the deceased plaintiff with the plaintiffs was allowed
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