Introduction
1. The Applicant's Chamber Summons dated 9th October 2025 seeks an order that the deceased 1st Plaintiff, William Keeling Wood Jr (deceased), be substituted by his personal representative, Jolene Marie Wood.
2. The application is supported by the grounds set out therein and the supporting affidavit sworn on 22nd October 2025 by Jolene Marie Wood, who described herself as a daughter of the deceased.
3. It is deposed that the 1st Plaintiff died after commencement of the suit and that the Applicant has since obtained a Limited Grant Ad Litem issued on 25th June 2025. The Applicant contends that the cause of action survives and that substitution is necessary to enable the estate of the deceased to continue participating in the proceedings.
4. The Respondent, on the other hand, opposed the application on the ground that the deceased passed away on 4th January 2021 and that no application for substitution was made within one year as required under Order 24 Rule 3 of the Civil Procedure Rules. According to the Respondent, the suit abated by operation of law and that, in the absence of prayers for extension of time and revival of the suit, the present application is incompetent.
5. The Application was canvassed by way of written submissions. The Applicant through Omuodo Ogutu Advocates, filed submissions dated 10 June 2026, whereas the Respondent’s submissions dated 22 June 2026, were filed by their Advocates, Rachier & Amollo LLP.
Analysis and Determination
6. Having considered the application, the rival submissions and the applicable law, I find that the sole issue for determination is whether the Applicant is entitled to an order of substitution.
7. Order 24 Rule 1 of the Civil Procedure Rules provides that “[T]he death of a plaintiff or a defendant shall not cause a suit to abate where the cause of action survives or continues.” Order 24 Rule 3(1) further provides for substitution where one of two or more plaintiffs dies, and the cause of action does not survive to the surviving plaintiff or plaintiffs alone.
8. In the present case, the Respondent relied on decisions including Said Sweilem Gheithan Saanum v Commissioner of Lands (being sued through Attorney General) & 5 Others [2015] KECA 284 (KLR), and Rebecca Mijide Mungole & another vs Kenya Power & Lighting Company Ltd & 2 others [2017] KECA 544 (KLR), which affirm that where a sole plaintiff or sole surviving plaintiff dies and no substitution is made within one year, the suit abates and must first be revived before substitution can be entertained. Those decisions correctly state the law. However, they are distinguishable from the present matter.
9. The present suit was instituted by two plaintiffs jointly. It is not disputed that the 2nd Plaintiff (Jo Anne Pauline Wood) remains alive and continues to prosecute the suit. The proceedings therefore did not come to an end merely because one of the plaintiffs died. The Respondent has not demonstrated that the cause of action vested exclusively in the deceased plaintiff or that the suit became incapable of continuing upon his death.
10. The Applicant has exhibited a Limited Grant Ad Litem issued on 25th June 2025, and has explained that substitution is required to enable the estate of the deceased plaintiff to participate in the proceedings, including the production of documents executed by the deceased.
11. I am, in the circumstances of this case, satisfied that no prejudice incapable of compensation by costs will be occasioned to the Respondent if the order sought is granted.
12. Accordingly, the Chamber Summons dated 9th October 2025 is allowed on the following terms:
a) The deceased 1st Plaintiff, William Keeling Wood Jr, is hereby substituted with his legal representative, Jolene Marie Wood.
b) The record shall be amended accordingly.
c) The costs of the application shall be in the cause.
13. It is so ordered
DATED, SIGNED, AND DELIVERED AT NAIROBI
THIS 9TH DAY OF JULY 2026
HON. MR. JUSTICE MOSES ADO
Judge of the High Court
In the Presence of:
Moses C/A
……………… for the Applicant
……………for the Respondent
1. The Applicant's Chamber Summons dated 9th October 2025 seeks an order that the deceased 1st Plaintiff, William Keeling Wood Jr (deceased), be substituted by his personal representative, Jolene Marie Wood.
2. The application is supported by the grounds set out therein and the supporting affidavit sworn on 22nd October 2025 by Jolene Marie Wood, who described herself as a daughter of the deceased.
3. It is deposed that the 1st Plaintiff died after commencement of the suit and that the Applicant has since obtained a Limited Grant Ad Litem issued on 25th June 2025. The Applicant contends that the cause of action survives and that substitution is necessary to enable the estate of the deceased to continue participating in the proceedings.
4. The Respondent, on the other hand, opposed the application on the ground that the deceased passed away on 4th January 2021 and that no application for substitution was made within one year as required under Order 24 Rule 3 of the Civil Procedure Rules. According to the Respondent, the suit abated by operation of law and that, in the absence of prayers for extension of time and revival of the suit, the present application is incompetent.
5. The Application was canvassed by way of written submissions. The Applicant through Omuodo Ogutu Advocates, filed submissions dated 10 June 2026, whereas the Respondent’s submissions dated 22 June 2026, were filed by their Advocates, Rachier & Amollo LLP.
Analysis and Determination
6. Having considered the application, the rival submissions and the applicable law, I find that the sole issue for determination is whether the Applicant is entitled to an order of substitution.
7. Order 24 Rule 1 of the Civil Procedure Rules provides that “[T]he death of a plaintiff or a defendant shall not cause a suit to abate where the cause of action survives or continues.” Order 24 Rule 3(1) further provides for substitution where one of two or more plaintiffs dies, and the cause of action does not survive to the surviving plaintiff or plaintiffs alone.
8. In the present case, the Respondent relied on decisions including Said Sweilem Gheithan Saanum v Commissioner of Lands (being sued through Attorney General) & 5 Others [2015] KECA 284 (KLR), and Rebecca Mijide Mungole & another vs Kenya Power & Lighting Company Ltd & 2 others [2017] KECA 544 (KLR), which affirm that where a sole plaintiff or sole surviving plaintiff dies and no substitution is made within one year, the suit abates and must first be revived before substitution can be entertained. Those decisions correctly state the law. However, they are distinguishable from the present matter.
9. The present suit was instituted by two plaintiffs jointly. It is not disputed that the 2nd Plaintiff (Jo Anne Pauline Wood) remains alive and continues to prosecute the suit. The proceedings therefore did not come to an end merely because one of the plaintiffs died. The Respondent has not demonstrated that the cause of action vested exclusively in the deceased plaintiff or that the suit became incapable of continuing upon his death.
10. The Applicant has exhibited a Limited Grant Ad Litem issued on 25th June 2025, and has explained that substitution is required to enable the estate of the deceased plaintiff to participate in the proceedings, including the production of documents executed by the deceased.
11. I am, in the circumstances of this case, satisfied that no prejudice incapable of compensation by costs will be occasioned to the Respondent if the order sought is granted.
12. Accordingly, the Chamber Summons dated 9th October 2025 is allowed on the following terms:
a) The deceased 1st Plaintiff, William Keeling Wood Jr, is hereby substituted with his legal representative, Jolene Marie Wood.
b) The record shall be amended accordingly.
c) The costs of the application shall be in the cause.
13. It is so ordered
DATED, SIGNED, AND DELIVERED AT NAIROBI
THIS 9TH DAY OF JULY 2026
HON. MR. JUSTICE MOSES ADO
Judge of the High Court
In the Presence of:
Moses C/A
……………… for the Applicant
……………for the Respondent