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ELCAllowedNot stated in the judgment· [2020] KEELC 3631 (KLR)

Munyua N’inoti v Nkabu Maingi & another [2020] KEELC 3631 (KLR)

Environment and Land Court
12 February 2020
LMLucy N. Mbugua
223 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Meru court reinstated a land suit dismissed while the plaintiff was mid-process substituting deceased defendants, showing Kenyan courts reward diligent parties.

What this practically means

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Executive summary

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This was a ruling on a notice of motion dated 1.8.19 and filed on 24.9.2019 in the Environment and Land Court at Meru, seeking reinstatement of a suit that had been dismissed, and seeking the joinder of legal representatives of the two deceased defendants. The applicant, Munyua Munyoti, sought to enjoin Jane Mwari and Juster Ruguru James as legal representatives of the estate of the 1st defendant (deceased), and Gladys Ngari Julius and Kennedy Kinoti Mutwiri as legal representatives of the estate of Julius Mutwiri Nkabu, the 2nd defendant now deceased. The grounds in support were set out on the face of the application and in the supporting affidavit of Munyua Munyoti. The court noted that the grants for the respective 1st and 2nd defendants were obtained on 24.4.17 and 27.4.17, and that the applicant was in the process of having the defendants substituted when the suit was dismissed. The court also found that the application was not opposed. On those grounds, the court allowed the application dated 1/8/2019, reinstating the suit and enjoining the proposed legal representatives of both estates, with no orders as to costs. The judgment was delivered in open court at Meru on 12th February 2020 by Hon. Justice Lucy N. Mbugua, ELC Judge. The ruling is short and turned on the unopposed nature of the application and the applicant's diligence in pursuing substitution before dismissal.

Key legal issues

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01

Whether the dismissed suit should be reinstated and legal representatives joined

Holding

The application was allowed because the applicant had been actively seeking substitution of the deceased defendants when the suit was dismissed, and the application was unopposed.

Reasoning

The court observed that grants for the respective 1st and 2nd defendants were obtained on 24.4.17 and 27.4.17, before the dismissal of the suit, showing the applicant was in the process of effecting substitution. The application was also not opposed. On those grounds, the court allowed the reinstatement and joinder of the proposed legal representatives, with no orders as to costs.

p. 2

Legal principles established

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  • A suit should not remain dismissed where a party was in the process of substituting deceased defendants when the suit was dismissed and the reinstatement application is unopposed.

Court orders

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  1. 1.The notice of motion dated 1/8/2019 is allowed
  2. 2.Reinstatement of the suit dismissed on 12.6.17
  3. 3.Jane Mwari and Juster Ruguru James enjoined as legal representatives of the estate of the 1st defendant (deceased)
  4. 4.Gladys Ngari Julius and Kennedy Kinoti Mutwiri enjoined as legal representatives of the estate of Julius Mutwiri Nkabu, the 2nd defendant now deceased
  5. 5.No orders as to costs
Jurisdiction invoked
Inherent powers of the court to reinstate a dismissed suit and to join legal representatives of deceased parties

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, "Munyua N’inoti v Nkabu Maingi & another [2020] KEELC 3631 (KLR)", Case Analysis (2020). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/3631/eng@2020-02-12

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