(Application for substitution of the deceased 7th defendant; application allowed)
1. The application before me is that dated 11 March 2025. It is an application seeking to substitute the 7th defendant, one Orori Ondengi, who is said to be deceased.
2. The application has been filed by Jairus Omwoyo Orori and Nathan Orori Ondeng’i. They aver that they have been appointed as the Legal Representatives of the deceased 7th defendant.
3. The supporting affidavit is sworn by Jairus Omwoyo Orori. He has averred that he is one of the sons of the deceased 7th defendant. He deposes that the 7th defendant died on 13 May 2024 and he has annexed the Certificate of Death. He has also annexed a Grant of Letters of Administration ad litem issued in Kisii Chief Magistrates’ Court Succession Cause No. E008 of 2025. The same was issued on 10 February 2025 to the two applicants.
4. None of the other parties have opposed the application and I see no reason not to allow it.
5. The application is hereby allowed. The two applicants Jairus Omwoyo Orori and Nathan Orori Ondeng’i hereby substitute the deceased 7th defendant and may continue the suit on behalf of his estate.
6. There will be no orders as to the costs of this application.
7. Orders accordingly.
DATED AND DELIVERED THIS 29 DAY OF MAY 2025
JUSTICE MUNYAO SILA
JUDGE, ENVIRONMENT AND LAND COURT
AT KISII