1. Before the court is an application dated 15th December, 2023 brought by the 3rd defendant under order 24 rule 3 (1) and (2). Order 51 rule 1 of the Civil Procedure Rules and section 3A of the Civil Procedure Act. The application seeks the dismissal of the suit herein for having abated.
2. It is clear that the application was served on the plaintiff’s counsel as evidenced by the affidavit of service dated 13th January, 2023. There is no response on the same signifying that it is not opposed.
3. Be that as it may, the record confirms the averment by the 3rd defendant that the plaintiff passed on sometime in 2019. To date the estate is yet to take any steps towards substituting the plaintiff almost four years later.
4. As such, the application dated 15th December, 2023 is allowed as prayed and consequently the suit is dismissed for abatement with costs. The file is marked as closed.
DATED, SIGNED AND DELIVERED IN NAIROBI
THIS 18TH DAY OF MARCH 2024.
F. MUGAMBI
JUDGE
2. It is clear that the application was served on the plaintiff’s counsel as evidenced by the affidavit of service dated 13th January, 2023. There is no response on the same signifying that it is not opposed.
3. Be that as it may, the record confirms the averment by the 3rd defendant that the plaintiff passed on sometime in 2019. To date the estate is yet to take any steps towards substituting the plaintiff almost four years later.
4. As such, the application dated 15th December, 2023 is allowed as prayed and consequently the suit is dismissed for abatement with costs. The file is marked as closed.
DATED, SIGNED AND DELIVERED IN NAIROBI
THIS 18TH DAY OF MARCH 2024.
F. MUGAMBI
JUDGE