Cecilio Murango Mwenda & 6 others v Isaac Kimathi Ikunga [2019] KEELC 4030 (KLR)

The bottom line

A Chuka court confirmed that an advocate who had withdrawn from a land suit could no longer be shown as a party, respecting Tharaka custom against clan members litigating against each other.

What this practically means

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Executive summary

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This is a short ruling delivered by P. M. Njoroge, Judge, at Chuka on 26th March 2019, arising from a mention held on 25th March 2019 to confirm filing of submissions and fix a judgment date in a pending land suit. Advocate Cecilio Murango Mwenda, the original 1st plaintiff, applied for his name to be expunged from the suit, requesting a clear ruling so that he would never again be mentioned as a party. He explained that he had earlier sought to withdraw from the suit because, according to Tharaka customs, members of his clan and members of the defendant's clan do not engage in suits where they are on opposite sides, and he was categorical that curses would befall those who went against this custom. The court found that a ruling delivered on 28th May 2018 had already effected Mr. Mwenda's withdrawal from the suit. On that basis, the judge ordered that Mr. Cecilio Murango Mwenda's name should not be indicated as a party to the suit from then onwards. No costs order was made. The ruling does not disclose the case number, the substantive claim, or the identities of the remaining plaintiffs and the defendant. It contains no citation of authorities or statutes and determines only the discrete issue of the party's removal from the record, leaving the substantive suit to proceed to judgment.

Key legal issues

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01

Whether the original 1st plaintiff, Cecilio Murango Mwenda, remained a party to the suit

Holding

The court confirmed that his name had already been withdrawn by a prior ruling of 28th May 2018 and ordered that his name should not appear as a party going forward

Reasoning

At a mention to confirm filing of submissions, the original 1st plaintiff asked the court to expunge his name, citing Tharaka custom that members of his clan and the defendant's clan do not litigate on opposite sides, and that curses would befall those who breached this custom. The court noted a prior ruling of 28th May 2018 had already withdrawn his name and accordingly ordered his name be removed from the suit from then on.

p. 1

Legal principles established

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Where a party's name has already been withdrawn from a suit by a prior ruling, the court will order that the name no longer be indicated as a party to the suit

Court orders

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1.That the name of Mr. Cecilio Murango Mwenda should not be indicated as being a party to this suit from now onwards

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, "Cecilio Murango Mwenda & 6 others v Isaac Kimathi Ikunga [2019] KEELC 4030 (KLR)", Case Analysis (2019). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/4030/eng@2019-03-26

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