Kombo v Abdalla & 3 others (Environment & Land Case 117 of 2017) [2025] KEELC 143 (KLR)
The bottom line
#When a Kenyan plaintiff dies and no one joins their legal representative within one year, the entire lawsuit legally dies with them — injunctions included.
What this practically means
#Executive summary
#Key legal issues
#Whether the suit abated upon the death of the sole Plaintiff
The suit abated because the deceased Plaintiff's legal representatives were never joined within one year of death; the suit is marked as abated and dismissed, and interim orders are vacated
Order 24 Rule 3(2) provides that where no application is made within one year of a plaintiff's death to join the legal representative, the suit abates. The plaintiff died on 20th December 2017 and no substitution occurred; the only step taken was leave in November 2021 to apply for letters of administration ad litem, long after abatement. Citing Rebecca Mijide Mungole, the court reiterated that time must first be extended before joinder and revival applications can be made. Since no such steps were taken, the suit abated as a matter of law by operation of time.
Who bears the costs of the application
No orders as to costs, the court exercising its discretion under Section 27(1) of the Civil Procedure Act
Costs follow the event under Section 27(1) of the Civil Procedure Act, and the successful party is ordinarily entitled to costs. However, the court exercised its discretion and declined to award costs, reserving its discretion in not awarding costs, so each party bears its own.
Legal principles established
#- A suit abates automatically where a sole plaintiff dies and no application to join the legal representative is made within one year; the effect of abatement is that the suit ceases to exist in the eye of the law
Court orders
#- 1.That the Notice of Motion application dated 5th July, 2024 be and is hereby allowed as pleaded
- 2.That the suit be and is hereby marked as abated
- 3.That all orders herein including the interim orders of injunction are hereby vacated
- 4.That there shall be no orders as to costs
- Jurisdiction invoked
- Order 24 Rules 3(2) and 7(2) of the Civil Procedure Rules, 2010; Sections 1A, 1B, 3 and 3A of the Civil Procedure Act, Cap. 21
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kombo v Abdalla & 3 others (Environment & Land Case 117 of 2017) [2025] KEELC 143 (KLR)", Case Analysis (2025). Not stated in judgment (Environment and Land Court at Mombasa). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/143/eng@2025-01-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.