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ELCAllowedNot stated in the judgment· [2019] KEELC 1918 (KLR)

Peter Muturi & others (Suing on behalf of Mia Moja Self Help Group) v Leah Wanjiru Gacheru [2019] KEELC 1918 (KLR)

Environment and Land Court
30 July 2019
MSMunyao Sila
594 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court revived a land case against a deceased person's estate, ruling that time spent getting administrators appointed explains delays in substituting them.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Nakuru (Munyao Sila, J) determines a notice of motion dated 29 May 2019 brought by the plaintiffs, representatives of Mia Moja Self Help Group, under Order 24 Rules 1 and 4 and Order 49 Rule 7 of the Civil Procedure Rules, 2010. The underlying suit, filed by plaint on 11 September 2012, sought specific performance of an agreement under which the plaintiffs claimed to have purchased land parcel Nakuru Municipality Block 17/86 from one Zacharia Gacheru Kiratu, together with cancellation of a title procured by the defendant, Leah Wanjiru Gacheru, in June 2012. The defendant died on 2 November 2017, and the suit abated on 2 November 2018; the case had never proceeded to hearing. The applicants applied to substitute the deceased with four persons holding letters of administration to her estate, issued on 21 October 2018 in Nakuru High Court Succession Cause No. 29 of 2018, and to revive the abated suit. The court held that the delay was explained, as the applicants had been pursuing a citation in Succession Cause No. 2 of 2018 to have administrators appointed so as to continue the suit. Satisfied that the proposed substitutes jointly held the grant, the court allowed the substitution and revival, and made no order as to costs. The ruling was delivered on 30 July 2019.

Key legal issues

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01

Substitution of a deceased defendant and revival of an abated suit

Holding

The application under Order 24 Rules 1 and 4 was allowed; the legal representatives of the deceased's estate were joined and the suit revived.

Reasoning

The court found the suit abated one year after the defendant's death on 2 November 2017. The delay was explained by the applicants' pursuit of a citation and succession cause (Nakuru High Court Succession Cause No. 2 of 2018, culminating in grant issued 21 October 2018 in Succession Cause No. 29 of 2018). The four proposed substitutes jointly held the letters of administration, making them proper parties under Order 24.

p. 1

Legal principles established

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  • Delay in applying for substitution after abatement is excused where the applicant was pursuing a citation to have administrators appointed to the deceased's estate

Court orders

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  1. 1.The deceased defendant Leah Wanjiru Gacheru is substituted with Denis Maina Kiratu, Agela Wanja Maina, Ann Waceke Makori and Joseph Mwangi Kiratu, the holders of letters of administration to her estate
  2. 2.The abated suit is revived
  3. 3.No orders as to costs
Jurisdiction invoked
Order 24 Rules 1 and 4 and Order 49 Rule 7 of the Civil Procedure Rules, 2010

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Peter Muturi & others (Suing on behalf of Mia Moja Self Help Group) v Leah Wanjiru Gacheru [2019] KEELC 1918 (KLR)", Case Analysis (2019). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/1918/eng@2019-07-30

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