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ELCPartially AllowedConstitutional Petition 12 of 2021· [2023] KEELC 21449 (KLR)
Odede & 3 others v Arunga & 3 others
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·~2 min to read original · ~4 min briefThe bottom line
#When a land case petitioner dies, their personal representative can take their place in the ongoing case if they show the court a grant of representation.
What this practically means
#Executive summary
#This ruling of the Environment and Land Court at Homa Bay (GMA Ongondo, J) determined a Notice of Motion dated 13th April 2023 by Lilian Achieng Odiwuor in a pending constitutional petition concerning land. The applicant sought to be enjoined in the petition as the 1st Petitioner in place of Isaac Maurice Kibuye Musa Odede, who had died, and asked that costs of the application be in the cause. The application was supported by her four-paragraph affidavit sworn on 13th April 2023, annexing a copy of a grant of representation. There was no response to the application, and Ms Agade, instructed by Odondi Awino and Company Advocates for the 1st and 2nd respondents, indicated no objection. Mr O.P Ngoge, counsel for the applicant, urged the court to grant the orders sought. The court found the application 'cogent, steadfast and merited' and allowed it in terms of prayer 1, enjoining the applicant as 1st Petitioner in place of the deceased. Costs of the application were made costs in the cause. The ruling is brief and unreasoned, resting on the unopposed nature of the application and the production of the grant; no authorities or statutory provisions were cited.
Key legal issues
#01
Substitution of a deceased petitioner by a legal representative
Holding
The application for substitution was allowed; the applicant, holding a grant of representation, was enjoined as 1st Petitioner in place of the deceased
Reasoning
The application was unopposed. The 1st and 2nd respondents' counsel raised no objection, and the applicant annexed a copy of the grant of representation to her supporting affidavit. The court found the application 'cogent, steadfast and merited' and allowed it in terms of prayer 1.
Legal principles established
#- A legal representative of a deceased petitioner may be substituted or enjoined in a pending petition in place of the deceased petitioner on production of a grant of representation
Court orders
#- 1.Lilian Achieng Odiwuor enjoined in the matter as the 1st Petitioner in place of Isaac Maurice Kibuye Odede (Deceased)
- 2.Costs of the application to be in the cause
- Jurisdiction invoked
- Original constitutional petition jurisdiction of the Environment and Land Court (not expressly cited in the ruling)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Odede & 3 others v Arunga & 3 others", Case Analysis (2023). Constitutional Petition 12 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/21449/eng@2023-10-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.