JudgmentKENNEDY ELLAM WEKESA (as legal representative of estate of george ellam wekesa) VS ABDULLA TAIB (as the legal representative of the estate of SHEIKH ALI TAIB)
Case law
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Division and case type: Environment and Land CourtCivil Suit
…By the Notice of Motion dated 10th July 2025, Kennedy Ellam Wekesa, suing as the Legal Representative of the Estate of George Ellam Wekesa (the Plaintiff/Applicant) prays for a stay of execution of the decree issued herein…
…Abdalla Taib, sued as the Legal Representative of the Estate of Sheikh Ali Taib (the Defendant/Respondent) is opposed to the application. …
Division and case type: Environment and Land CourtCivil Suit
…A proper perusal thereof however reveals that the same is brought on behalf of the Plaintiff – Kennedy Ellam Wekesa in his capacity as the Legal Representative of the Estate of George Ellam Wekesa. 7.…
Division and case type: Environment and Land CourtCivil Suit
…Execution can only be done by his Legal Representative. Once a legal representative is appointed , he can in fact proceed with execution without the need for the formality of substitution given Rule 11 above.…
…An estate of a deceased person is protected and ought not to be intermeddled with until there is a legal representative.…
Division and case type: Environment and Land CourtCivil Suit
…An estate of a deceased person is protected and ought not to be intermeddled with until there is a legal representative.…
…People may in fact be tempted to take advantage of the lack of a legal representative to cause havoc to the estate.…
Division and case type: Environment and Land CourtCivil Suit
Division and case type: Environment and Land CourtCivil Suit
…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.…
Division and case type: Environment and Land CourtCivil Suit
…This Honourable Court was called upon to determine the Notice of Motion application dated 22nd October, 2024 by Masudi Tsumo Khamisi (suing as the legal representative of the Estate of Juma Omari Mwendo, the Plaintiff/Applicant…
Division and case type: Environment and Land CourtCivil Suit
…The Plaintiffs, being the legal representatives of the late Margaret Njoki Mwenja, produced the title to the suit land, which is registered in the name of the deceased.…
Division and case type: Environment and Land CourtCivil Suit
Division and case type: Environment and Land CourtCivil Suit
…The 2nd plaintiff is the legal representative and heir of the estate of Mohamed Omar (Deceased), one of the registered owners of plot No.37/Mida/Mzizima measuring approximately 7.49 acres situated at Mida within Kilifi County…
…The 2nd plaintiff is the Legal Representative and heir of the estate of Mohamed Omar (Deceased), one of the registered owners of plot No.37/Mida/Mzizima measuring approximately 7.49 acres situated at Mida within Kilifi County…
Division and case type: Environment and Land CourtCivil Suit
…Introduction Vide the plaint dated 25th August, 2022 Justus Owino Oduny, in his capacity as the legal representative of the estate of Mbero Owino alias Peter Mbero Owino, deceased, sued the Defendants herein.…
…He sued the 1st Defendant in her capacity as the legal representative of the estate of Pamela Achieng Rombo.…
Division and case type: Environment and Land CourtCivil Suit
…The Plaintiff had the option of substituting the said deceased defendant with the legal representative of her estate, but instead of substituting, the Plaintiff chose to withdraw suit against the said necessary party.…
Division and case type: Environment and Land CourtCivil Suit
Division and case type: Environment and Land CourtCivil Suit
Division and case type: Environment and Land CourtCivil Suit
Division and case type: Environment and Land CourtCivil Suit
…continue to the surviving plaintiff or plaintiffs alone, or a sole plaintiff or sole surviving plaintiff dies and the cause of action survives or continues, the court, on an application made in that behalf, shall cause the legal…
…representative of the deceased plaintiff to be made a party and shall proceed with the suit. (2) Where within one year no application is made under subrule (1), the suit shall abate so far as the deceased plaintiff is concerned…
Division and case type: High Court CivilCivil Suit
…Vide a plaint dated 22/7/2022 the Plaintiff Eleanor Museshi filed the suit herein ostensibly in her capacity as the legal representative of the estate of Caroline Muhonja Mwenesi against the two Defendants, based on alleged…
Division and case type: Environment and Land CourtCivil Suit
…been appointed as the Legal Representative and/or Administrator of the Estate of the Late JOSEPH KIPKORIR KASITET by the KITALE HIGH COURT. 17. …
…Representative and/or Administrator of the Estate of the late JOSEPH KIPKORIR KASITET and their recognition as the legitimate Legal Representatives and/or Administrators of the Estate of the late JOSEPH KIPKORIR KASITET.…
Division and case type: Environment and Land CourtCivil Suit
…representative of the deceased defendant to be made a party and shall proceed with the suit. (2) Any person so made a party may make any defence appropriate to his character as legal representative of the deceased defendant…
…Once time has been enlarged, only then can the legal representative bring an application to be joined in the proceedings.…
Division and case type: Environment and Land CourtCivil Suit
…we may add, logical, where the legal representative is not so joined within one year, that an application be made for extension of time to apply for joinder of the deceased plaintiff’s legal representative.…
…It is only after the time has been extended that the legal representative can have capacity to apply to be made a party.…