KIMANI MUNIU v ZEKIAH NJAU & OTHERS [2006] KEHC 1501 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI (NAIROBI LAW COURTS)

Civil Case 68 of 1990

KIMANI MUNIU………………………….............................................……………………PLAINTIFF

VERSUS

ZEKIAH NJAU & OTHERS……………...............................................………………..DEFENDANTS

RULING

The applicant by way of this Chamber Summons expressed to be brought under Order XXIII Rule 3 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act seeks Orders that she be substituted in place of her deceased husband the plaintiff herein.

The application is based on the grounds the plaintiff died on 9th May 2002 and she is the administrator of his estate.  The application is also supported by sworn affidavit of the applicant.

The application is allowed in terms of Prayers 1 and of the Chamber Summons dated 15th May 2006.

Dated and delivered at Nairobi this 31st day of July 2006.

J.L.A. OSIEMO

JUDGE