[2023] KECA 1237 (KLR)

[2023] KECA 1237 (KLR)

The Court found that the application for substitution was properly brought under rule 99 of the Court of Appeal Rules, was unopposed, and was supported by a limited grant of letters of administration ad litem. The reasons for the delay in bringing the application were adequately explained. As such, the applicant,...

Source-derived case information.

Citation
[2023] KECA 1237 (KLR)
Parties
Appellant: Joginder Singh Bhangra; Appellant: Amrik Singh Heer; Appellant: Kirpal Singh; Respondent: Amrit Kaur Ghatahora; Applicant: Pardeep Singh Ghatahora
Court
Court of Appeal
Court Station
Court of Appeal at Nairobi
Jurisdiction
Kenya
Case Number
Civil Appeal (Application) 391 of 2019
Procedural Posture
Civil Appeal / Application for Substitution of Deceased Respondent
Outcome
Application allowed. Applicant substituted as respondent. No order as to costs.
Judges
MSA Makhandia
Legal Topics
Substitution of Parties, Succession Estate Administration
Source Language
en
Civil Procedure Family and Children Substitution of Parties Succession Estate Administration

Source-derived case record

Summary, issues, holding and outcome

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Parties

Joginder Singh Bhangra

Appellant

Amrik Singh Heer

Appellant

Kirpal Singh

Appellant

Amrit Kaur Ghatahora

Respondent

Pardeep Singh Ghatahora

Applicant

Procedural Posture

Civil Appeal / Application for Substitution of Deceased Respondent

Legal Issues

  1. 1 Whether the applicant should be substituted as the respondent following the death of Amrit Kaur Ghatahora.
  2. 2 Whether the application for substitution was made within the prescribed time and under the correct legal provision.

Ratio Decidendi

The Court found that the application for substitution was properly brought under rule 99 of the Court of Appeal Rules, was unopposed, and was supported by a limited grant of letters of administration ad litem. The reasons for the delay in bringing the application were adequately explained. As such, the applicant, being the legal representative and son of the deceased respondent, was entitled to be substituted as the respondent in the appeal. The Court exercised its discretion to allow the application, noting that the subject matter of the appeal, being a succession matter, survives the death of the respondent. No order as to costs was made.

Court Disposition

Application allowed. Applicant substituted as respondent. No order as to costs.

Orders

  • Pardeep Singh Ghatahora is substituted as the respondent in place of the deceased Amrit Kaur Ghatahora.
  • No order as to costs.