Mohammed Sadique Adam v John Njuguna Nduati & 2 others [2018] KEELC 437 (KLR)
The bottom line
#The High Court refused to revive a dismissed suit because the family waited almost four years after the plaintiff's death to act.
What this practically means
#Executive summary
#Key legal issues
#Abatement of suit on death of plaintiff
The suit abated after the plaintiff's death on 26/4/2014 because no substitution occurred within a year, and the abated suit could not be revived by the application
The court accepted the Defendants' position that the deceased plaintiff ought to have been substituted within a year of his death, that no reasons were advanced for the failure to do so, and that an abated suit does not exist. The proposed plaintiff had obtained letters of administration ad litem in July 2015 yet took no steps until December 2017.
Inordinate delay in setting aside dismissal
The delay of 3 years and 10 months was inordinate and inexcusable
The court considered the parties' submissions and agreed with the Defendants that the delay in bringing the application was inordinate. No reasons were given for the long delay in substituting the plaintiff despite letters of administration having been issued to the proposed plaintiff in 2015. The delay was therefore inexcusable and the application could not be allowed.
Legal principles established
#- A suit that has abated following a plaintiff's death and failure to substitute within a year effectively does not exist, and inordinate unexplained delay justifies refusing to set aside a dismissal
Court orders
#- 1.The application dated 5/12/2017 is dismissed with costs to the Defendants
- Jurisdiction invoked
- Inherent and procedural jurisdiction to set aside an ex parte order of dismissal of suit and to consider substitution of a deceased plaintiff (abatement of suit)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mohammed Sadique Adam v John Njuguna Nduati & 2 others [2018] KEELC 437 (KLR)", Case Analysis (2018). Application dated 5/12/2017 (suit dismissed 26/1/2015). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/437/eng@2018-11-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.