Mathew Johnston Muburi & 2 others v First Credit Exchange Development Limited (suing as administrators of the estate of Teresa Kirangari Muburi, deceased)
The bottom line
#A Kenyan court struck out a family's attempt to revive their late mother's land case because they skipped a required procedural step.
What this practically means
#Executive summary
#Key legal issues
#Whether the abated suit could be revived and the deceased plaintiff substituted without prior extension of time
The application was incompetent because the suit had abated after the one-year period lapsed and no application for extension of time had been made; joinder and revival could not be sought before time was extended
The plaintiff died on July 2, 2019. No substitution application was made within one year, so the suit abated. Relying on Order 24 rule 3(2) and the Court of Appeal decision in Rebecca Mijide Mungole, the court held that the sequence in Order 24 must be followed: time must first be extended, then the legal representative joined, then revival sought. The applicant skipped the extension-of-time step, rendering the application incompetent.
Legal principles established
#- Where a sole plaintiff dies and no application for joinder of the legal representative is made within one year, the suit abates; time must first be extended before the legal representative can be joined and the suit revived
Court orders
#- 1.The application dated September 12, 2022 is struck out with no order as to costs
- 2.The applicant is at liberty to institute a fresh application bearing in mind the proper procedure
- Jurisdiction invoked
- Order 24 rules 1, 3(2) and 7(2) of the Civil Procedure Rules, 2010 and sections 1A, 1B and 3A of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mathew Johnston Muburi & 2 others v First Credit Exchange Development Limited (suing as administrators of the estate of Teresa Kirangari Muburi, deceased)", Case Analysis (2023). Originating Summons dated October 2, 2015 (Nakuru). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/550/eng@2023-02-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.