Andrew Laikaibu Kathuku Alias Nginga M'kaibi v Samwel Kaaria M'kaibi & another [2016] KEELC 72 (KLR) | Substitution Of Parties | Esheria

Andrew Laikaibu Kathuku Alias Nginga M'kaibi v Samwel Kaaria M'kaibi & another [2016] KEELC 72 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT MERU

ORIGINATING SUMMONS NO. 157 OF 2013

ANDREW LAIKAIBU KATHUKU Alias

NGINGA M'KAIBI ….......................................................................PLAINTIFF/RESPONDENT

VERSUS

SAMWEL KAARIA M'KAIBI.....................................................DEFENDANT/RESPONDENT

JACOB MIRITI KAARIA..........................................APPLICANT/PROPOSED DEFENDANT

R U L I N G

1. This application states that it has been brought to Court under Order 24 Rules 4 and 5 and Order 51 Rule 1 of the Civil Procedure Rules, 2010.

2. The application seeks the following orders:-

(1) THAT this application be certified urgent and be heard on priority basis.

(2) THAT this Honourable Court be pleased to issue an order substituting the Defendant  who is deceased with the Applicant/proposed Defendant one  JACOB MIRITI KAARIA for purposes of proceeding with the main suit herein.

(3) THAT the costs of this Application be in the cause.

3. The application is supported  by the affidavit of the Applicant JACOB MIRITI KAARIA sworn on 13th August, 2016 and has the following grounds:-

(a) THATthe defendant died on 19th December, 2015.

(b) THATthe proposed Defendant is the eldest son of the deceased SAMWEL KAARIA M'KAIBI .

4. On 21/11/2016, Advocate Nyauchi, representing the applicant told the Court that the application is merely facilitative to substitute the defendant with his son who has a grant of administration ad litem.

5. I note that the suit has not abated as against the defendant.

6. I agree that the application seeks to facilitate the expeditious hearing and determination of this suit.

7. The application is found meritorious.

8. In the circumstances, the application is allowed.

9. Costs shall be in the cause.

10. It is so ordered.

DELIVERED IN OPEN COURT AT MERU THIS 23RD DAY OF NOVEMBER, 2016 IN THE PRESENCE:-

C:A James

Nyauchi for the Plaintiff

Mutura h/b Kimathi Kiara for the Defendant

P.M. NJOROGE

JUDGE