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ELCAllowed· [2017] KEELC 2387 (KLR)

Salome Wangui Kiambati & 2 others v Doris Wanjiru [2017] KEELC 2387 (KLR)

Environment and Land Court
31 May 2017
EOE. O. Obaga
643 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~3 min to read original · ~4 min brief

The bottom line

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A Kenyan court revived a 1998 land case that had stalled for years, showing courts will revive old suits when delays are genuinely explained.

What this practically means

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Executive summary

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This is a ruling on a Notice of Motion dated 10th December 2015 in a land dispute over property LR No. Limuru/Kamirithu/380, filed on 2nd March 1998 between relatives. The applicant, the second Plaintiff and only surviving Plaintiff, sought extension of expired summons and substitution of the first and third Plaintiffs, who died in 2006. Letters of administration over the first Plaintiff's estate had been granted to the applicant and Joseph Kiambati, and over the third Plaintiff's estate to Jane Wanjiru Mangara and Salome Wanjiru Mangara. The applicant explained the delay by the defendants' relocation to the USA where they had granted a power of attorney to John Thuo Kiragu, and by the applicants' own advocates relocating to the USA without informing them of the file's whereabouts. The respondent's attorney opposed, contending the applicant was untruthful and had always known of his appointment, but the court found the respondent's arguments on the merits immaterial to the application. Finding no contention that the defendants had relocated to the USA and no evidence rebutting the applicant's averments, the court held sufficient cause had been shown. It allowed the application, revived the abated suit of the first and third Plaintiffs, substituted their legal representatives, extended the expired summons for twelve months, and ordered costs in the cause.

Key legal issues

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01

Whether sufficient cause was shown for revival of the abated suit and extension of expired summons

Holding

Sufficient cause was shown - the defendants had relocated to the USA and were difficult to trace, and the plaintiffs' earlier advocates had also relocated without informing them of the file's whereabouts.

Reasoning

The court noted there was no contention that the defendants had relocated to the USA, and no evidence to displace the applicant's averment that one of their lawyers also relocated to the USA and handed over the file to another advocate without informing them. The respondent's excursion into the merits of the suit was held immaterial to the interlocutory application. Discretion was exercised in favour of revival, substitution and extension of summons.

p. 2

Legal principles established

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  • A court may, in its discretion, revive an abated suit and substitute legal representatives where sufficient cause is shown for the delay.

Court orders

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  1. 1.The abated suit of the first and third Plaintiffs is revived
  2. 2.The legal representatives of the first and third Plaintiffs are substituted in their place
  3. 3.The expired summons are extended for a period of twelve (12) months
  4. 4.Costs of the application shall be in the cause
Jurisdiction invoked
Inherent discretion of the court to revive an abated suit and extend summons; the suit was transferred from the High Court Civil Division to the Environment and Land Court

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Salome Wangui Kiambati & 2 others v Doris Wanjiru [2017] KEELC 2387 (KLR)", Case Analysis (2017). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/2387/eng@2017-05-31

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.