WILLIAM MUINDE KILUNDO V. PETER K. WAMBUA,JOSEPH MUTUA MUINDE,DOMINIC MUSEI IKOMBO & MITAMBO/KANTAI CO. LTD

JUDGMENT OF THE COURT

1. Order 24 of the Civil Procedure Rules outlines the procedure to be adopted in the event of the death of any party in a suit. It sets out the steps to be taken by a legal representative of the estate of a deceased party so as to be substituted with the deceased. Of relevance to this appeal, is the implication of Order 24 Rule 7

(1) which stipulates that:

“Where a suit abates or is dismissed under this Order, no fresh suit shall be brought on the same cause of action.”

2. The salient facts which gave rise to the appeal are that the appellant instituted a suit against the respondents in the Chief Magistrate’s Court at Machakos being CMCC No. 975 of 2001 seeking inter alia:

a) That the names of Mwongeli Wambua Nzivo (deceased) be removed and/or cancelled out from the register of members as a co-owner of Plot Numbers 43, 188 in Mitaboni/Katani Company Limited and in the land register of the said plots at Machakos District Land Registry.

b) That an eviction order be issue…