Environment & Land Case 65 of 2018

Case Metadata
Case Number:	Environment & Land Case 65 of 2018
Parties:	Omwenga & 9 others v Njoroge (Sued as the Administrator of the Estate of Paul Muchiri - Ole Ngaruiya) & 2 others
Date Delivered:	20 Dec 2022
Case Class:
Court:	Environment and Land Court at Kajiado
Case Action:	Ruling
Judge(s):	Maxwell Nduiga Gicheru
Citation:	Omwenga & 9 others v Njoroge (Sued as the Administrator of the Estate of Paul Muchiri - Ole Ngaruiya) & 2 others (Environment & Land Case 65 of 2018) [2022] KEELC 15448 (KLR) (20 December 2022) (Ruling)
Court Division:	Environment and Land
County:	Kajiado
Disclaimer:	The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

Case Metadata

Case Number:

Parties:

Omwenga & 9 others v Njoroge (Sued as the Administrator of the Estate of Paul Muchiri - Ole Ngaruiya) & 2 others

Date Delivered:

20 Dec 2022

Case Class:

Court:

Environment and Land Court at Kajiado

Case Action:

Ruling

Judge(s):

Maxwell Nduiga Gicheru

Citation:

Omwenga & 9 others v Njoroge (Sued as the Administrator of the Estate of Paul Muchiri - Ole Ngaruiya) & 2 others (Environment & Land Case 65 of 2018) [2022] KEELC 15448 (KLR) (20 December 2022) (Ruling)

Court Division:

Environment and Land

County:

Kajiado

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

Neutral citation: [2022] KEELC 15448 (KLR)

Republic of Kenya

In the Environment and Land Court at Kajiado

Environment & Land Case 65 of 2018

MN Gicheru, J

December 20, 2022

Between

Marcella Omwenga

1^st Applicant

Isaiah Nyamari Mboto

2^nd Applicant

Joseph Kirera Nyabando

3^rd Applicant

Queen Kwamboka Muge

4^th Applicant

Carolyne Munini Kivuva

5^th Applicant

Mary Wanjiku Ngugi

6^th Applicant

John Ngugi Kamau

7^th Applicant

Stephen Mutinda Kivuva

8^th Applicant

Dennis Bosire Nyangenya

9^th Applicant

Robert Bakari Bosire

10^th Applicant

and

Paula Njabi Njoroge (Sued as the Administrator of the Estate of Paul Muchiri - Ole Ngaruiya)

1^st Defendant

The District Land Registrar,Kajiado- North District

2^nd Defendant

The Hon. Attorney General

3^rd Defendant

Ruling

1.This ruling is on the notice of motion dated March 22, 2022 which seeks to substitute the first plaintiff, Marcella Omwenga, with Nashon Omwenga.The said motion is supported by five grounds, an affidavit and three (3) annexures.The gist of the application is that the first plaintiff died on December 28, 2020 after a short illness and the applicant who is her husband needs to take up her place and continue with the suit.

2.The application is brought under sections 1A, 1B and 3A of the Civil Procedure Act, order 1, rule 10(4), order 8, rule 3, order 51, rule 1 of the Civil Procedure Rules and other enabling provisions of the law.

3.Even though the applicant was directed to serve the other parties, there is no evidence of such service.Be that as it may, and even if it is brought under the wrong provision of law, I find that I should allow this application to expedite the conclusion of this old matter. By allowing the application, no party will suffer any prejudice because the cause of action succeeds the deceased first plaintiff.The court has discretion under order 24, rule 3(2), Civil Procedure Rules to extend the period within which to appoint a legal representative of a deceased plaintiff even where a year has elapsed since the death of such a plaintiff.

4.In this case, I exercise this discretion to progress the case to conclusion.

5.It is so ordered.

DATED SIGNED AND DELIVERED VIRTUALLY AT KAJIADO THIS 20^THDAY OF DECEMBER, 2022.M.N. GICHERUJUDGE

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Environment & Land Case 65 of 2018

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