(Application for substitution of deceased 3rd defendant; application allowed)
1. The application before me is that dated 10 June 2025 filed by one Judy Maeba. She wishes to substitute the 3rd defendant, Konrad Maeba, who is said to be deceased. The application is not opposed.
2. I have considered the application.
3. In the supporting affidavit, the applicant has deposed that she is daughter to the deceased 3rd defendant. I see that the applicant has annexed a Certificate of Death showing that the 3rd defendant died on 19 January 2025. I also see that the applicant has annexed a limited grant of letters of administration ad litem indicating that she was appointed to represent the estate of the deceased 3rd defendant. The said grant was issued in Ogembo Magistrates’ Court vide Ogembo Miscellaneous Succession Cause E036 of 2025, Estate of Konrad Maeba Obae.
4. I further observe that the application has been filed within one year of death in conformity with the provisions of Order 24 Rule 3 which prescribes that applications for substitution be made within one year of death.
5. Given the foregoing, I see no reason why I should not allow the application. I allow it. I order that the deceased 3rd defendant be substituted by the said Judy Maeba. The plaint may be amended accordingly.
6. There will be no orders as to the costs of this application.
7. Orders accordingly.
DATED AND DELIVERED THIS 16 DAY OF JULY 2025
JUSTICE MUNYAO SILA
JUDGE, ENVIRONMENT AND LAND COURT
AT KISII
Delivered in presence of :
Mr. Ochwangi for the plaintiff
Ms. Chepkorir for the 1st, 3rd & 4th defendants
Mr. Magara for the 2nd defendant
Court Assistant : Michael Oyuko