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ELCAllowedNot stated in judgment· [2020] KEELC 1149 (KLR)

Victoria Masinde (Suing through her Attorney Rose N. Masinde v Lois Chesiriken Psenjen (Legal personal representative of Enock Mokoit Psenjen (Deceased) & 2 others [2020] KEELC 1149 (KLR)

Environment and Land Court
4 September 2020
MNMwangi Njoroge
343 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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A Kenyan land court allowed a plaintiff to replace her deceased legal representative and amend her claim, keeping a nine-year dispute moving toward judgment.

What this practically means

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Executive summary

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The applicant/plaintiff, Victoria Kamule Masinde, moved the court by notice of motion dated 25/6/2020 under Section 3A of the Civil Procedure Act seeking two substantive orders: first, that Rose Naswa Masinde, her former legal representative who died on 18/12/2019 while the case was pending, be substituted with Betty Tindi Masinde; and secondly, that the plaintiff be granted leave to further amend the plaint, with costs in the cause. The application was supported by the plaintiff's affidavit, which explained that she works in the Republic of Iraq and had donated power to Betty Tindi Masinde to conduct the case on her behalf. The application was not opposed. The court took notice of the certificate of death of the erstwhile representative, the revocation of the earlier power of attorney, and the newly registered power of attorney in favour of the incoming representative. Finding the orders merited, the court granted prayers 1 and 2 as prayed, directed that costs be in the cause, and ordered that the amended plaint be filed and served within 7 days. The court further directed that the file be availed in Chambers within 7 days for the purpose of writing judgment, and that judgment be delivered by electronic mail on 30/9/2020.

Key legal issues

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01

Substitution of a legal representative following death during pendency of suit

Holding

Where the plaintiff's legal representative dies while the case is pending, and the plaintiff appoints a new representative by power of attorney, substitution is merited and unopposed.

Reasoning

The court took notice of the certificate of death of the former representative, the revocation of the earlier power of attorney, and the newly registered power of attorney in favour of the incoming representative. On that documentary evidence, and the absence of opposition, the court found the orders merited and granted prayers 1 and 2 as prayed.

p. 1

Legal principles established

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    Court orders

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    1. 1.ROSE NASWA MASINDE the legal representative of the plaintiff VICTORIA KAMULE MASINDE, be substituted with BETTY TINDI MASINDE
    2. 2.The plaintiff be granted leave to further amend the plaint
    3. 3.The amended plaint be filed and served within 7 days of the date of the ruling
    4. 4.Costs of the application to be in the cause
    5. 5.Judgment to be delivered by way of electronic mail on 30/9/2020

    Authorities

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    Legislation

    • Civil Procedure ActSection 3A
    Jurisdiction invoked
    Section 3A of the Civil Procedure Act (inherent power of the court)

    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, "Victoria Masinde (Suing through her Attorney Rose N. Masinde v Lois Chesiriken Psenjen (Legal personal representative of Enock Mokoit Psenjen (Deceased) & 2 others [2020] KEELC 1149 (KLR)", Case Analysis (2020). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/1149/eng@2020-09-04

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