Victoria Masinde (Suing through her Attorney Rose N. Masinde v Lois Chesiriken Psenjen (Legal personal representative of Enock Mokoit Psenjen & 2 others [2020] eKLR Case Summary

Court
Environment and Land Court at Kitale
Category
Civil
Judge(s)
Mwangi Njoroge
Judgment Date
September 04, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Victoria Masinde v Lois Chesiriken Psenjen & others [2020] eKLR, highlighting key legal arguments and rulings in this significant judgment.

Case Brief: Victoria Masinde (Suing through her Attorney Rose N. Masinde v Lois Chesiriken Psenjen (Legal personal representative of Enock Mokoit Psenjen (Deceased) & 2 others [2020] eKLR

1. Case Information:
- Name of the Case: Victoria Masinde (Suing through her Attorney Rose N. Masinde) v. Lois Chesiriken Psenjen (Legal personal representative of Enock Mokoit Psenjen (deceased)), Stephen Kiplangat Psenjen (Legal personal representative of Enock Mokoit Psenjen (deceased)), Amy Chelagat Kiptui
- Case Number: ELC NO. 136 OF 2006
- Court: Environment and Land Court at Kitale
- Date Delivered: September 4, 2020
- Category of Law: Civil
- Judge(s): Mwangi Njoroge
- Country: Kenya

2. Questions Presented:
The court must resolve the following legal issues:
- Whether to substitute the legal representative of the plaintiff due to the death of the former representative.
- Whether to grant leave for the plaintiff to further amend the plaint.

3. Facts of the Case:
The case involves Victoria Masinde, the plaintiff, who was represented by her attorney, Rose N. Masinde, until the latter's death on December 18, 2019. The plaintiff, who works in Iraq and is unavailable to conduct the case herself, has appointed Betty Tindi Masinde as her new legal representative. The defendants in the case include Lois Chesiriken Psenjen, Stephen Kiplangat Psenjen, and Amy Chelagat Kiptui, with the first two being legal representatives of the deceased Enock Mokoit Psenjen.

4. Procedural History:
The plaintiff filed a notice of motion on June 25, 2020, seeking to substitute her legal representative and to amend the plaint. The application was unopposed, and the court reviewed the supporting affidavit and the necessary documentation, including the certificate of death of the former representative and the new power of attorney. The court found the application meritorious and granted the orders sought.

5. Analysis:
- Rules: The court considered Section 3A of the Civil Procedure Act, which allows for the substitution of parties in the event of a party's death and the amendment of pleadings.
- Case Law: While no specific case law was cited in the ruling, the principles of substitution and amendment are well-established in civil procedure, reflecting the court's discretion to ensure justice is served and that cases are heard on their merits.
- Application: The court applied the rules by recognizing the necessity of substituting the deceased attorney and allowing the plaintiff to amend her plaint due to her current unavailability and the procedural need to continue with the case. The court's reasoning emphasized the importance of ensuring that justice is not impeded by procedural technicalities.

6. Conclusion:
The court ruled in favor of the plaintiff, granting the substitution of her legal representative and allowing her to amend the plaint. This decision underscores the court's commitment to facilitating access to justice, even in the face of procedural challenges arising from the death of a party's representative.

7. Dissent:
There were no dissenting opinions noted in this case, as the application was unopposed and the ruling was straightforward.

8. Summary:
The ruling in Victoria Masinde v. Lois Chesiriken Psenjen et al. allowed for the substitution of the legal representative of the plaintiff and the amendment of the plaint, reflecting the court's adherence to civil procedure principles. This case highlights the court's role in ensuring that legal proceedings can continue despite changes in representation due to unforeseen circumstances such as the death of a party.

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