Case ID:201375

Fumo v Farah & another (Environment & Land Case 128 of 2018) [2022] KEELC 3850 (KLR) (26 July 2022) (Ruling)

Case Metadata

Case Number:

Environment & Land Case 128 of 2018

Parties:

Fumo v Farah & another

Date Delivered:

26 Jul 2022

Case Class:

Court:

Environment and Land Court at Mombasa

Case Action:

Ruling

Judge(s):

Nelly Awori Matheka

Citation:

Fumo v Farah & another (Environment & Land Case 128 of 2018) [2022] KEELC 3850 (KLR) (26 July 2022) (Ruling)

Court Division:

Environment and Land

County:

Mombasa

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

Fumo v Farah & another (Environment & Land Case 128 of 2018) [2022] KEELC 3850 (KLR) (26 July 2022) (Ruling)

Neutral citation:

[2022] KEELC 3850 (KLR)

Republic of Kenya

In the Environment and Land Court at Mombasa

Environment & Land Case 128 of 2018

NA Matheka, J

July 26, 2022

Between

Mohamed Swaleh Fumo

Plaintiff

and

Bakari Farah

1

st

Defendant

Fatuma Farah

2

nd

Defendant

Ruling

1.

The application is dated May 9, 2022 and is brought under order 8 rule 3 and order 51 rule 1 of the

Civil Procedure Rule

s

, section 3A of the

Civil Procedure Act

seeking the following orders;

1.

That the plaintiff herein be-granted leave to amend the plaint dated May 29, 2018 as per the draft amended plaint annexed hereto.

2.

That costs be in the cause.

2.

It is based on the grounds that the plaintiff / applicant is desirous of amending the plaint dated May 29, 2018 for reasons that the 1

st

defendant is deceased. That the 1

st

defendant /respondent died on November 18, 2018 and it is now over 2 years since his death hence the suit against him has abated. That the amendment sought to be done is to strike off his name from the plaint and all other pleadings and proceed with the suit with the 2

nd

defendant only. That it is imperative for the determination of justice that the pleading be amended as the suit against him has abated to bring out all the issues before the court for a just and conclusive determination.

3.

This court has considered the application and the submissions therein the application was not opposed. It is based on the grounds that the 1

st

defendant /respondent died on November 18, 2018 and it is now over 2 years since his death hence the suit against him has abated. That the amendment sought to be done is to strike off his name from the plaint and all other pleadings and proceed with the suit with the 2

nd

defendant. The applicants have attached the 1

st

defendant’s death certificate to prove the same. I find that the application is merited and i grant the same as prayed.

It is so ordered.

DELIVERED, DATED AND SIGNED AT MOMBASA THIS 26

TH

DAY OF JULY 2022.

N.A. MATHEKA

JUDGE