Ojwang v Okwalo & another [2022] KEHC 15533 (KLR)

Ojwang v Okwalo & another (Civil Case 12 of 2004) [2022] KEHC 15533 (KLR) (16 November 2022) (Ruling)

Neutral citation: [2022] KEHC 15533 (KLR)

Republic of Kenya

In the High Court at Kisumu

Civil Case 12 of 2004

RE Aburili, J

November 16, 2022

Between

Emelda Musundi Ojwang

Plaintiff

and

Fredrick Osore Okwalo

1st Defendant

Kenneth Musumba

2nd Defendant

Ruling

1. I have considered the application dated May 31, 2022 and the grounds and supporting affidavit as well as the annextures thereto.

2. The plaintiff died on December 12, 2018 after judgment was entered in her favour and during execution proceedings. The proposed substitute/applicant Alfred Juma Ojwang has annexed copy of death certificate and ad litem grant issued on May 19, 2022. The application is not opposed. No prejudice will be occasioned if the same is allowed.

3. I hereby allow the application dated May 31, 2022 and order that Alfred Juma Ojwang is hereby a substitute of the plaintiff now deceased Emelda Musundi Ojwang.

4. I make no orders as to costs.

5. As the matter is at execution stage, it shall be mentioned before the Deputy Registrar for further execution process.

6. Mention on December 15, 2022.

7. The plaintiff to serve the defendant with notice of mention.

8. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 16TH DAY OF NOVEMBER 2022R. E. ABURILIJUDGE