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ELCAllowedNot stated in judgment· [2026] KEELC 4804 (KLR)

Gikingi v Muthangato & another (Environment and Land Case 5 of 2015) [2026] KEELC 4804 (KLR)

Environment and Land Court
27 July 2026
ECE.C. Cherono
1,777 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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This is a ruling of the Environment and Land Court, Embu (E.C. Cherono, ELC Judge, judgment dated 27 July 2026) on a notice of motion dated 15 July 2025 by Githumbi Njeru, seeking revival of a suit that had abated against the deceased defendant Ireri Muthangato, extension of time for substitution, and substitution of Joshua Njeru Ireri as defendant. The underlying suit, an Originating Summons for adverse possession over land parcel Nthawa/Siakago/1683, was determined by judgment on 09/07/2020 in favour of the plaintiff. The applicant asserted that he was the registered proprietor of that land since 18/12/2014, was never joined in the suit, and only learnt of the proceedings on 19/01/2022 when summoned by the Land Registrar pursuant to an order of 11/05/2021 requiring surrender of title deeds to subdivisions. The respondent opposed the application as belated, an afterthought and an abuse of process, relying on Order 24 Rule 4 and the decision in Kenya Farmers' Co-operative Union Ltd v Charles Murgor (deceased) to argue that the suit had abated by operation of law one year after the defendant's death on 20/04/2020, and that the Court lacked jurisdiction over an abated suit. The Court framed three issues: revival of the abated suit, extension of time, and substitution. Applying Order 24 Rules 4(3) and 7(2), it found the suit had abated on 20/04/2021 but held that sufficient cause was demonstrated: the applicant was a stranger to the proceedings, discovered them late, and faced delays in obtaining the death certificate and a limited grant ad litem. The Court allowed the application in its entirety, revived the suit, extended time, substituted Joshua Njeru Ireri as defendant, and ordered costs in the cause.

Key legal issues

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01

Revival of a suit abated against a deceased defendant

Holding

Sufficient cause was shown to warrant revival under Order 24 Rule 7(2), given the applicant's late discovery of the proceedings and the delay in obtaining the death certificate and limited grant ad litem.

Reasoning

The defendant died on 20/04/2020 before judgment of 09/07/2020 was delivered; the suit abated by operation of law on 20/04/2021. The applicant, though the registered proprietor of the suit land since 18/12/2014, was never joined and only learnt of the suit on 19/01/2022 when summoned by the Land Registrar. His delay was attributed to tracing the legal representative and obtaining a limited grant ad litem, which the Court accepted as sufficient cause.

p. 13
02

Extension of time for and substitution of the deceased defendant

Holding

The Court found it just to extend time and found Joshua Njeru Ireri the legal representative and an appropriate party to substitute.

Reasoning

The applicant produced a grant ad litem issued in Embu CMC Misc. Succession Cause No. E021 of 2025 showing Joshua Njeru Ireri as legal representative of the estate. Having accepted that sufficient cause existed for the delay, the Court exercised its discretion in the applicant's favour and allowed the application in its entirety.

p. 13

Legal principles established

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  • Under Order 24 Rule 4(3), where no application for substitution is made within one year of the death of a defendant, the suit abates as against the deceased defendant.
  • Order 24 Rule 7(2) vests the Court with discretion to revive an abated suit upon sufficient cause being shown.

Court orders

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  1. 1.The suit which had abated against the deceased Defendant is revived
  2. 2.Time is extended for substitution of the late Ireri Muthangato
  3. 3.Joshua Njeru Ireri is substituted as Defendant in place of the late Ireri Muthangato
  4. 4.Costs of the application to be in the cause
Jurisdiction invoked
Order 24 Rule 7(2) of the Civil Procedure Rules; Article 159 of the Constitution invoked by the applicant

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, "Gikingi v Muthangato & another (Environment and Land Case 5 of 2015) [2026] KEELC 4804 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4804/eng@2026-07-27

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