Omwenga & 9 others v Njoroge (Sued as the Administrator of the Estate of Paul Muchiri - Ole Ngaruiya) & 2 others [2022] KEELC 15448 (KLR)

Omwenga & 9 others v Njoroge (Sued as the Administrator of the Estate of Paul Muchiri - Ole Ngaruiya) & 2 others (Environment & Land Case 65 of 2018) [2022] KEELC 15448 (KLR) (20 December 2022) (Ruling)

Neutral citation: [2022] KEELC 15448 (KLR)

Republic of Kenya

In the Environment and Land Court at Kajiado

Environment & Land Case 65 of 2018

MN Gicheru, J

December 20, 2022

Between

Marcella Omwenga

1st Applicant

Isaiah Nyamari Mboto

2nd Applicant

Joseph Kirera Nyabando

3rd Applicant

Queen Kwamboka Muge

4th Applicant

Carolyne Munini Kivuva

5th Applicant

Mary Wanjiku Ngugi

6th Applicant

John Ngugi Kamau

7th Applicant

Stephen Mutinda Kivuva

8th Applicant

Dennis Bosire Nyangenya

9th Applicant

Robert Bakari Bosire

10th Applicant

and

Paula Njabi Njoroge (Sued as the Administrator of the Estate of Paul Muchiri - Ole Ngaruiya)

1st Defendant

The District Land Registrar,Kajiado- North District

2nd Defendant

The Hon. Attorney General

3rd Defendant

Ruling

1. This ruling is on the notice of motion dated March 22, 2022 which seeks to substitute the first plaintiff, Marcella Omwenga, with Nashon Omwenga.The said motion is supported by five grounds, an affidavit and three (3) annexures.The gist of the application is that the first plaintiff died on December 28, 2020 after a short illness and the applicant who is her husband needs to take up her place and continue with the suit.

2. The application is brought under sections 1A, 1B and 3A of the Civil Procedure Act, order 1, rule 10(4), order 8, rule 3, order 51, rule 1 of the Civil Procedure Rulesand other enabling provisions of the law.

3. Even though the applicant was directed to serve the other parties, there is no evidence of such service.Be that as it may, and even if it is brought under the wrong provision of law, I find that I should allow this application to expedite the conclusion of this old matter. By allowing the application, no party will suffer any prejudice because the cause of action succeeds the deceased first plaintiff.The court has discretion under order 24, rule 3(2), Civil Procedure Rules to extend the period within which to appoint a legal representative of a deceased plaintiff even where a year has elapsed since the death of such a plaintiff.

4. In this case, I exercise this discretion to progress the case to conclusion.

5. It is so ordered.

DATED SIGNED AND DELIVERED VIRTUALLY AT KAJIADO THIS 20THDAY OF DECEMBER, 2022. M.N. GICHERUJUDGE