Case ID:169844

Zainulabidin Yusufali Dar & 2 others v Mwanajuma Ali Buwa & 3 Others: Ex-parte Applicant; Yusufu Mohamed Sikondo [2021] eKLR

Case Metadata

Case Number:

Environment and Land Case 174 of 2014

Parties:

Zainulabidin Yusufali Dar (Suing as personal representative of the estate of Yusufali Adamali Dar) & 2 others v Mwanajuma Ali Buwa & 3 Others: Ex-parte Applicant; Yusufu Mohamed Sikondo

Date Delivered:

21 Jan 2021

Case Class:

Civil

Court:

Environment and Land Court at Mombasa

Case Action:

Ruling

Judge(s):

Munyao Sila

Citation:

Zainulabidin Yusufali Dar & 2 others v Mwanajuma Ali Buwa & 3 Others: Ex-parte Applicant; Yusufu Mohamed Sikondo [2021] eKLR

Court Division:

Environment and Land

County:

Mombasa

Case Outcome:

Application allowed

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT OF KENYA

AT MOMBASA

ELC NO. 174 OF 2014

ZAINULABIDIN YUSUFALI DAR (Suing as personal representative of

the estate

of YUSUFALI ADAMALI DAR) & 2 OTHERS.......PLAINTIFFS

VERSUS

MWANAJUMA ALI BUWA & 3 OTHERS....................................DEFENDANTS

AND

YUSUFU MOHAMED SIKONDO......................................................APPLICANT

RULING

(Application for substitution of the deceased 1

st

defendant; applicant holding a grant ad litem; application allowed)

1. The application before me is that dated 2 June 2020 filed by Yusufu Mohamed Sikondo who seeks to substitute the deceased 1

st

defendant one Mwanajuma Ali Buwa. In the supporting affidavit, the applicant has averred that he is the first born son of the deceased 1

st

defendant and is familiar with this case. He has further deposed that the 1

st

defendant died on 2 October 2019 and he has annexed a copy of the certificate of death. He has also annexed a grant ad litem, issued to him by the Principal Magistrate’s Court at Kwale, limited for purposes of substituting the deceased 1

st

defendant in this suit.

2. I can see that the plaintiffs in this case assert that they are the genuine owners of the land parcel Kwale/Msambweni “A”/1666. They contend that the 1

st

and 2

nd

defendants became registered as owners of the disputed land by way of fraud, and in the suit, they wish to have orders for the cancellation of the title of the 1

st

and 2

nd

defendants. Clearly therefore, the suit against the 1

st

defendant survives the death of the 1

st

defendant and can therefore be continued against her estate.

3. I have no reason to deny the order of substitution and I allow the application to that extent. I therefore make the order that the deceased 1

st

defendant be substituted by the applicant herein. I further direct that the plaint be amended within 14 days to reflect the substitution. I make no orders as to costs.

4. Orders accordingly.

DATED AND DELIVERED THIS 21 DAY OF JANUARY, 2021

JUSTICE MUNYAO SILA

JUDGE, ENVIRONMENT AND LAND COURT OF KENYA

AT MOMBASA