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Mary Kiunga Ikiome v. H Young Company Ltd

(2019) JELR 99242 (CA)

Court of Appeal  •  Civil Appeal 130 of 2017  •  6 Feb 2019  •  Kenya

Coram
Martha Karambu Koome, Fatuma sichale, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

M’rithara M’ikiome the then plaintiff filed a plaint dated 22nd October, 2010. His cause of action was based on alleged trespass on his parcels of land by dumping of loose soil on the said plots by H Young Company Ltd, the then defendant and the respondent herein.

The defendant filed a defence on 6th December, 2010 and with no action to progress the suit, the respondent filed a Notice of Motion application dated 6th November, 2013 and sought to have the plaintiff’s suit filed on 22nd October, 2010 dismissed. The application was resisted on the basis that it took Mary Kiunga, the appellant herein, sometime before obtaining letters of administration in respect of the estate of the then plaintiff (M’rithara M’ikiome) who died on 10th August, 2012.

During the pendency of the motion dated 6th November, 2013; the appellant filed an application dated 13th November, 2013 seeking an order to the effect that she be appointed the legal representative of the plaintiff (having o…

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