Clement Shikami Muhanji v Charles Fendo v Jelesencia Iseri Namale; (Applicant) Vincent Shikami Clement (Interested Party) [2021] KEELC 2411 (KLR)
The bottom line
#When a plaintiff in a Kenyan land case dies, you must ask the court to continue the suit within one year or it dies automatically — no court order needed.
What this practically means
#Executive summary
#Key legal issues
#Whether the suit had abated and could be revived
The suit abated by operation of law in 2018, one year after the plaintiff's death in 2017, and was not revived because sufficient cause was not shown
The court applied Order 24 of the Civil Procedure Rules as explained in Said Sweilem Gheithan Saanum: death of a plaintiff does not abate a surviving cause of action, but failure to apply within one year to join the legal representative causes abatement by operation of law. Revival requires the applicant to satisfy the court that she was prevented by sufficient cause. The applicant knew of the matter from 2014 yet took no steps between 2017 and 2020; the explanation given was insufficient.
Consequence of abatement on the first application
Since the suit was non-existent after abatement, the court declined to determine the first application of 30th July 2020
Having found the suit abated and not revived, there was no live suit before the court in which interim orders, substitution, transfer, inhibition or setting aside of the 2013 decree could be considered. The abatement thus disposed of the first application without merits analysis.
Legal principles established
#- An abated suit is non-existent in law until revived; abatement occurs by operation of law one year after a plaintiff's death if no application to join the legal representative is made
Court orders
#- 1.Both applications (dated 30th July 2020 and 12th October 2020) dismissed
- 2.Costs of both applications awarded (dismissed with costs)
- Jurisdiction invoked
- Articles 162(2)(b) and 167(6)(2)(b) of the Constitution of Kenya and Section 4 of the Environment and Land Court Act No. 9 of 2011 (as invoked in the application)
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
Cite this brief
#Cite this brief
Caselaw, "Clement Shikami Muhanji v Charles Fendo v Jelesencia Iseri Namale; (Applicant) Vincent Shikami Clement (Interested Party) [2021] KEELC 2411 (KLR)", Case Analysis (2021). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/2411/eng@2021-07-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.