[2022] KECA 627 (KLR)
The court found that the application for substitution was properly brought under Rule 99(1) of the Court of Appeal Rules, 2010, and that the death of the appellant, Elisha Juma Owuor, was sufficiently evidenced by the burial permit. The 1st respondent did not oppose the application, and there was no indication of...
Source-derived case information.
- Citation
- [2022] KECA 627 (KLR)
- Parties
- Applicant: Joshua Omondi Awuor; Respondent: Walter Mboya Onyango; Respondent: Attorney General
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Application 57 of 2020
- Procedural Posture
- Civil Application / Ruling on Application for Substitution of Appellant
- Outcome
- Application allowed; applicant substituted as appellant; no order as to costs.
- Judges
- PO Kiage
- Legal Topics
- Substitution of Parties, Appeals Process, Death of Litigant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joshua Omondi Awuor
Applicant
Walter Mboya Onyango
Respondent
Attorney General
Respondent
Procedural Posture
Civil Application / Ruling on Application for Substitution of Appellant
Legal Issues
- 1 Whether the applicant should be substituted as appellant in place of the deceased Elisha Juma Owuor.
- 2 Whether the application for substitution is opposed by the respondents.
Ratio Decidendi
The court found that the application for substitution was properly brought under Rule 99(1) of the Court of Appeal Rules, 2010, and that the death of the appellant, Elisha Juma Owuor, was sufficiently evidenced by the burial permit. The 1st respondent did not oppose the application, and there was no indication of opposition from the 2nd respondent. The court therefore allowed the substitution of the applicant, Joshua Omondi Awuor, as the appellant in place of the deceased, with no order as to costs.
Court Disposition
Application allowed; applicant substituted as appellant; no order as to costs.
Orders
- The applicant, Joshua Omondi Awuor, is substituted as appellant in place of the deceased Elisha Juma Owuor.
- No order as to costs.
Full Case Text
Judgment text and source record
21 paragraphs
Awuor v Onyango & another (Civil Application 57 of 2020) [2022] KECA 627 (KLR) (8 July 2022) (Ruling)
Neutral citation: [2022] KECA 627 (KLR)
Republic of Kenya
In the Court of Appeal at Kisumu
Civil Application 57 of 2020
PO Kiage, J
July 8, 2022
Between
Joshua Omondi Awuor
Applicant
and
Walter Mboya Onyango
1st Respondent
Attorney General
2nd Respondent
(Application under Rule 99 of the Court of Appeal Rules, 2010 For substitution of the plaintiff in Kisumu HCCC No. 17 of 2008))
Ruling
1. The motion dated October 29, 2021 is brought under Rule 99(1) of the Court of Appeal Rules. The applicant also cites provisions of Order 24 of the Civil Procedure Rules. The latter rules are of no application to the matter at hand and I shall duly ignore them.
2. The motion seeks to substitute the appellant, Elisha Juma Owuor, who expired on June 29, 2020 as attested to by the Permit for burial annexed to the supporting affidavit of the applicant Joshua Omondi Awuor, the appellant’s brother.
3. Vide a letter dated April 30, 2022, the 1st respondent’s counsel Mr. Isaac E.N. Okero indicated that they are not opposed to the application.
In the circumstances, I allow the motion with no orders as to costs.Orders accordingly.DATED AND DELIVERED AT KISUMU THIS 8THDAY OF JULY, 2022. P.O. KIAGE………………………..JUDGE OF APPEALI certify that this is a truecopy of the originalSignedDEPUTY REGISTRAR