Jadiel M'imuchi M'igweta v Distict Land Adj. & Settlement Officer Tigania District & another [2014] eKLR

Kenya Law

Automated Summary

Key Facts

The applicant sought orders to be joined as a party to substitute the deceased applicant in the case. The application, dated 24th February 2014, was heard inter partes on 3.7.2014. The court allowed the application and directed that costs be in the cause. No opposition was indicated by other parties.

Issues

The court considered the application to substitute the deceased applicant as a party in the case and allowed the application, determining that the applicant could be joined in place of the deceased.

Holdings

The application seeking to join the applicant as a party to substitute the deceased applicant and to have the costs of the application in the cause was allowed. The other parties indicated they were not opposed to the application during the inter partes hearing on 3rd July 2014.

Remedies

  • That this Honourable Court be pleased to join the applicant as a party herein to substitute the Applicant who is now deceased.
  • That costs of this application be in the cause.

Legal Principles

The court applied procedural rules regarding the substitution of a deceased applicant as a party to the case, allowing the application to proceed as the other parties were not opposed.

Judge Name

P. M. NJOROGE

Passage Text

  • This application is dated 24th February, 2014 and seeks orders: 1. That this Honourable Court be pleased to join the applicant as a party herein to substitute the Applicant who is now deceased. 2. That costs of this application be in the cause.
  • The other parties indicated they were not opposed to the application when it came up for inter partes hearing on 3.7.2014. It is therefore, allowed.