[2025] KECA 571 (KLR)
The court found that the applicant, Emily Nkatha Mutwiri, had provided sufficient evidence of the death of Saina Kalimi George and had obtained a limited grant of letters of administration ad litem specifically for the purpose of prosecuting the appeal. The family of the deceased had agreed to her substitution....
Source-derived case information.
- Citation
- [2025] KECA 571 (KLR)
- Parties
- Appellant: Musa Mbaabu Ali; Respondent: Adamson Muthuri; Respondent: Nuru Mbaabu; Respondent: Henry Mworia M’mauta; Respondent: James Mwenda; Respondent: Ann Mwari; Respondent: Judith Kagwiria; Respondent: Saina Mariam Zuberi; Applicant: Emily Nkatha Mutwiri
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal (Application) E022 of 2024
- Procedural Posture
- Civil Appeal / Application for Substitution Following Death of a Party
- Outcome
- Application for substitution allowed.
- Judges
- S ole Kantai
- Legal Topics
- Substitution of Parties, Grant of Letters of Administration, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Musa Mbaabu Ali
Appellant
Adamson Muthuri
Respondent
Nuru Mbaabu
Respondent
Henry Mworia M’mauta
Respondent
James Mwenda
Respondent
Ann Mwari
Respondent
Judith Kagwiria
Respondent
Saina Mariam Zuberi
Respondent
Emily Nkatha Mutwiri
Applicant
Procedural Posture
Civil Appeal / Application for Substitution Following Death of a Party
Legal Issues
- 1 Whether the applicant should be substituted in place of the deceased respondent in the appeal.
- 2 Whether the applicant has the requisite legal standing through a limited grant of letters of administration to prosecute the appeal on behalf of the deceased's estate.
Ratio Decidendi
The court found that the applicant, Emily Nkatha Mutwiri, had provided sufficient evidence of the death of Saina Kalimi George and had obtained a limited grant of letters of administration ad litem specifically for the purpose of prosecuting the appeal. The family of the deceased had agreed to her substitution. There was no opposition to the application, and the procedural requirements for substitution under Rule 102(1) of the Court of Appeal Rules were satisfied. The court therefore allowed the application for substitution, enabling the proceedings to continue in the name of the applicant as the legal representative of the deceased's estate.
Court Disposition
Application for substitution allowed.
Orders
- Emily Nkatha Mutwiri is substituted in place of Saina Kalimi George (deceased) as a party to the appeal.
- No order as to costs.
Full Case Text
Judgment text and source record
37 paragraphs
Ali v Muthuri & 7 others; Mutwiri (Applicant) (Civil Appeal (Application) E022 of 2024) [2025] KECA 571 (KLR) (28 March 2025) (Ruling)
Neutral citation: [2025] KECA 571 (KLR)
Republic of Kenya
In the Court of Appeal at Nyeri
Civil Appeal (Application) E022 of 2024
S ole Kantai, JA
March 28, 2025
Between
Musa Mbaabu Ali
Appellant
and
Adamson Muthuri
1st Respondent
Nuru Mbaabu
2nd Respondent
Henry Mworia M’mauta
3rd Respondent
Nuru Mbaabu
4th Respondent
James Mwenda
5th Respondent
Ann Mwari
6th Respondent
Judith Kagwiria
7th Respondent
Saina Mariam Zuberi
8th Respondent
and
Emily Nkatha Mutwiri
Applicant
(An application for substitution against the Judgment of the Court of Appeal at Nyeri in Civil Appeal No. E022 of 2024)
Ruling
1. The applicant Musa Mbaabu Ali has approached the court under rule 102(1) of the Court of Appeal Rules praying that Saina Kalimi George (deceased) be substituted with Emily Nkatha Mutwiri. He says in grounds in support of the application and in a supporting affidavit of the said Emily Nkatha Mutwiri that the deceased has since died; that the applicant is the daughter of the deceased who has been issued with grant of administration ad litem limited to the prosecution of Nyeri Civil Appeal No. E022 of 2024 on behalf of the estate of the deceased;-“That at the time of her demise our mother was the 1st respondent and an administrator of Estate of Mbbabu M’Ibutu (deceased) and I have been issued with a limited grant for purposes of proceeding with Nyeri Civil Appeal Application No. E022 of 2024- Musa Mbaabu Ali-vs- Saina Kalimi George & 8 Others on behalf of the Estate of Saina Kalimi George (deceased). Annexed herein and marked “EKM2” is a copy of the limited grant.”
2. Further, that they have agreed as a family that she be substituted in place of the deceased. Attached to the affidavit is a copy of Certificate of Death in respect of the deceased and a copy of the limited grant of letters of administration.
3. I have seen hearing notice dated 7th March, 2025 at 12. 53 3. p.m. to Kevin Nyenyire nyenyire@gmail.com mdmaranya@gmail.com, kaberiarimba@yahoo.com, kaberiaw@gmail.com, Nyiha Mukoma Advocates info@nyihamukoma.com where parties were advised of the hearing date and were required to file written submissions. I have not seen any submissions by any side.
4. The applicant says that the deceased died. I have indeed seen Certificate of Death. The applicant says that the family of the deceased have deliberated on the issue and decided that Emily Nkatha Mutwiri be appointed in place of the deceased. I think that it is in order that the wishes of the family be fulfilled. I allow the Motion and make no order on costs.
DATED AND DELIVERED AT NYERI THIS 28TH DAY OF MARCH, 2025. S. ole KANTAI...................................JUDGE OF APPEALI certify that this is a true copy of the originalSignedDEPUTY REGISTRAR