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ELCAllowedNot stated in judgment· [2019] KEELC 2016 (KLR)

Jackson John Kitetu & another v Taplule Chepkemoi Chumo & 5 others [2019] KEELC 2016 (KLR)

Environment and Land Court
23 July 2019
379 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 confirmed that a person with letters of administration ad litem can step into a deceased party's shoes so a land dispute can continue.

What this practically means

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Executive summary

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This was an unopposed application dated 2 March 2019 by Samwel Kibet Tonui seeking to be substituted for the 1st defendant, Taplule Chepkemoi Chumo, who died on 16 September 2016, before the suit was filed. The underlying suit was commenced by plaint filed on 12 April 2018, in which the plaintiffs claim to be owners of land parcels Njoro/Ngata Block 2/1887-1893, having purchased plots subdivided from Njoro/Ngata Block 2/850, originally registered in the name of the 1st defendant. The plaintiffs sued because the defendants refused to allow them to develop the plots, claiming the plots were never purchased. A related suit, Nakuru HCCC No. 213 of 2011 (High Court), is pending between the 2nd defendant and the deceased and her sons. The applicant exhibited a certificate of death and a grant of letters of administration ad litem for the deceased's estate. The court, per Munyao Sila J, found no reason to refuse the substitution since the applicant indeed held the ad litem grant. The court allowed the application, ordered substitution of the applicant for the deceased 1st defendant, directed amendment of the plaint within 14 days to reflect the substitution, and made no orders on costs. Judgment delivered in open court at Nakuru on 23 July 2019.

Key legal issues

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01

Substitution of a deceased party

Holding

The application for substitution was allowed because the applicant demonstrated that he holds a grant of letters of administration ad litem for the estate of the deceased 1st defendant.

Reasoning

The court noted that the 1st defendant died on 16 September 2016, before the suit was filed, and that a certificate of death was annexed. The applicant exhibited a grant of letters of administration ad litem. The application was unopposed, and the court saw no reason to refuse it.

p. 1

Legal principles established

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  • A holder of a grant of letters of administration ad litem may be substituted for a deceased party to enable the suit to proceed

Court orders

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  1. 1.The applicant Samwel Kibet Tonui is substituted for the deceased 1st defendant
  2. 2.The plaint to be amended within 14 days to reflect the substitution
  3. 3.No orders on costs
Jurisdiction invoked
Not expressly stated; inherent power of the court to order substitution of a deceased party upon a grant of letters of administration ad litem

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, "Jackson John Kitetu & another v Taplule Chepkemoi Chumo & 5 others [2019] KEELC 2016 (KLR)", Case Analysis (2019). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/2016/eng@2019-07-23

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