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ELCAllowedNot stated in the extract (ruling on application dated 20 February 2019)· [2019] KEELC 2724 (KLR)

Ebrahim Athumani Mwangi v Abdalla Tairara Godoro & another [2019] KEELC 2724 (KLR)

Environment and Land Court at Nakuru
20 June 2019
MSMunyao Sila
462 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

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If a landowner suing over property dies, family members can step into their shoes and keep the court case alive in Kenya.

What this practically means

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Executive summary

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This was an interlocutory application dated 20 February 2019, brought under Order 24 Rules 3(1) and 3(2) of the Civil Procedure Rules, seeking substitution of a deceased plaintiff in a land suit. The underlying suit, commenced by plaint on 18 May 2010, concerned land parcel Dundori/Lanet Block 5/384 (New Gakoe). The plaintiff alleged he was the registered proprietor and had left the title with his advocate, Mr. Mohammed, who handed it to the 1st defendant to scout for buyers; the land was later transferred to the 2nd defendant, which the plaintiff alleged was done fraudulently and through collusion between the two defendants. He sought cancellation of the 2nd defendant's title and reversion of the land to him. The plaintiff died on 20 March 2018, and the applicant sought substitution, holding a grant ad litem issued in Nairobi Kadhi's Court Ad Litem Cause No. 5 of 2019. There was no appearance for the defendants at the hearing. The court, satisfied by the grant ad litem annexed to the supporting affidavit and finding the cause of action survived the plaintiff's death, allowed the application, ordered substitution, and directed that the suit continue for the benefit of the estate. It made no orders as to costs.

Key legal issues

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01

Substitution of a deceased plaintiff under Order 24 of the Civil Procedure Rules

Holding

The application for substitution was allowed because the applicant held a grant ad litem and the cause of action survived the plaintiff's death.

Reasoning

The court noted there was no appearance by or on behalf of the defendants to oppose the application and took it they did not consider it necessary to oppose. The court examined the grant ad litem annexed to the supporting affidavit, issued in Nairobi Kadhi's Court Ad Litem Cause No. 5 of 2019, and found no reason to doubt the applicant's appointment as administrator of the estate for purposes of pursuing the suit.

p. 1

Legal principles established

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  • Where a cause of action survives the death of a plaintiff, the suit may be continued by the deceased's legal representative appointed ad litem for the benefit of the estate.

Court orders

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  1. 1.Substitution of the deceased plaintiff with the applicant
  2. 2.The suit to be continued on that basis
  3. 3.No orders as to costs

Authorities

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Legislation

  • Civil Procedure RulesOrder 24 Rules 3(1) and 3(2)
Jurisdiction invoked
Order 24 Rules 3(1) and 3(2) of the Civil Procedure Rules

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, "Ebrahim Athumani Mwangi v Abdalla Tairara Godoro & another [2019] KEELC 2724 (KLR)", Case Analysis (2019). Not stated in the extract (ruling on application dated 20 February 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/2724/eng@2019-06-20

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