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ELCAllowed· [2018] KEELC 4515 (KLR)
Bilista Kambura Miriti & another v Borana Kiara [2018] KEELC 4515 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#This short ruling of the Environment and Land Court at Chuka, delivered by P.M. Njoroge J on 19th February 2018, determines a notice of application dated 24th January 2018 by which Bilista Kambura sought to be joined as respondent in the suit in lieu of Adelina Gaaju Magiri, who had died. The applicant grounded the application on the respondent's death, on her issuance of letters of administration ad litem on 22nd January 2018, and on the fact that the appeal had stalled because of the original respondent's death but could proceed once she was enjoined in place of the late respondent. The application was unopposed. The court held that allowing it would expedite the hearing and determination of the suit and allowed the application, with costs in the cause. The court then issued case management directions: the appellant to file and exchange written submissions within 30 days; the respondent to file and exchange written submissions within 21 days after receipt of the appellant's submissions; the appellant to serve the record of appeal on the respondent within 14 days; and directions were fixed for 16th April 2018. No authorities or statutes were cited. The ruling is notable chiefly as a routine substitution and case management decision in a pending appeal before the Environment and Land Court.
Key legal issues
#01
Substitution of a deceased respondent by her legal representative
Holding
The court allowed the unopposed application for substitution, holding that it would expedite the hearing of the stalled suit
Reasoning
The application was unopposed. The original respondent had died, stalling the matter. The applicant had been issued with letters of administration ad litem on 22nd January 2018, entitling her to be enjoined in place of the deceased respondent. The court found that allowing the application would expedite the hearing and determination of the suit, and so allowed it with costs in the cause, and gave directions on filing submissions.
p. 1
Legal principles established
#- Upon the death of a party, the suit may proceed where the deceased party's legal representative, holding letters of administration ad litem, is substituted in place of the deceased
Court orders
#- 1.Bilista Kambura is joined as the respondent in the suit in lieu of Adelina Gaaju Magiri (deceased)
- 2.The appellant is to file and exchange written submissions within 30 days
- 3.The respondent is to file and exchange written submissions within 21 days after receipt of the appellant's written submissions
- 4.The appellant is directed to serve the record of appeal upon the respondent within 14 days
- 5.Directions on 16.4.2018
- Jurisdiction invoked
- Inherent power of the court to order substitution of a deceased party, the applicant having obtained letters of administration ad litem
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Bilista Kambura Miriti & another v Borana Kiara [2018] KEELC 4515 (KLR)", Case Analysis (2018). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/4515/eng@2018-02-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.