PHILLIP MUCHIRI MUGO V. MBEU KITHAKWA

JUDGMENT OF THE COURT

By a Ruling dated 28^th February, 2009, the High Court (Makhandia J as he then was), stated that there must be an end to litigation. The background facts are that on 22^nd August, 1990, one Mugo Kathakwa (deceased) commenced suit against the respondent herein Mbeu Kithakwa, his step brother. Mugo Kathakwa sought eviction of the respondent from the suit property namely Inoi/Kerugoya/769. The body of the deceased plaintiff is still lying at the mortuary awaiting determination of the dispute involving the suit property.

The original plaintiff, Mugo Kathakwa died on 18^th May, 2006. On 17^th October, 2008, an ex parte order was made by the High Court wherein the suit property was transferred to the respondent. The appellant, who now has a limited grant of letters of administration, alleges that the order made on 17^th October, 2008, was made after the death of the original plaintiff and before substitution had been done to enable a personal representative to represent the e…