[2015] KEELC 297 (KLR)
The court found that Beth Mary Kimani had provided sufficient evidence of her status as the legal representative of the deceased respondent, Samuel Kangethe Kimani, by producing a grant of letters of administration. As the application was unopposed and met the requirements of Order 24 of the Civil Procedure Rules,...
Source-derived case information.
- Citation
- [2015] KEELC 297 (KLR)
- Parties
- Appellant: Cecilia Njoki Maina; Respondent: Samuel Kangethe Kimani; Respondent: Beth Mary Kimani
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 155 of 2006
- Procedural Posture
- Civil Appeal / Application for Substitution of Deceased Respondent
- Outcome
- Application for substitution allowed.
- Judges
- MA Silau
- Legal Topics
- Substitution of Parties, Letters of Administration, Deceased Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cecilia Njoki Maina
Appellant
Samuel Kangethe Kimani
Respondent
Beth Mary Kimani
Respondent
Procedural Posture
Civil Appeal / Application for Substitution of Deceased Respondent
Legal Issues
- 1 Whether Beth Mary Kimani, as the widow and legal representative of the deceased respondent, should be substituted as respondent in the appeal.
Ratio Decidendi
The court found that Beth Mary Kimani had provided sufficient evidence of her status as the legal representative of the deceased respondent, Samuel Kangethe Kimani, by producing a grant of letters of administration. As the application was unopposed and met the requirements of Order 24 of the Civil Procedure Rules, the court allowed the substitution of Beth Mary Kimani as respondent in place of the deceased. The court exercised its discretion to grant the application and made no order as to costs.
Court Disposition
Application for substitution allowed.
Orders
- Beth Mary Kimani is substituted as respondent in place of the deceased Samuel Kangethe Kimani.
- There shall be no order as to costs.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA
AT NAKURU
CIVIL APPEAL NO 155 OF 2006
CECILIA NJOKI MAINA………….APPELLANT
VERSUS
SAMUEL KANGETHE KIMANI ....RESPONDENT
RULING
(Application for substitution; application allowed)
1. The application before me is that dated 2nd April 2015 filed by one Beth Mary Kimani. She has described herself as widow to the respondent to this appeal. She holds a grant of letters of administration for the estate of Samuel Kangethe Kimani, the respondent in this appeal. Through this application, she wishes to be substituted as respondent in place of Samuel Kangethe Kimani who is deceased. The application is brought under the provisions of Order 24 which allows the substitution of a deceased litigant.
2. I have gone through the application and supporting affidavit. I have seen attached to her supporting affidavit, the grant of letters of administration showing that she is the legal representative of the deceased.
The application is not opposed and I have no reason to disallow it. I allow the same and direct that Beth Mary Kimani, be substituted for the deceased respondent. There shall be no orders as to costs.
Dated, signed and delivered in open court at Nakuru this 7th July 2015.
MUNYAO SILA
JUDGE
ENVIRONMENT & LAND COURT
AT NAKURU
In presence of
Mr Morara present for respondent in the appeal/applicant.
Appellant present acting in person
CA: Janet
MUNYAO SILA
JUDGE
ENVIRONMENT & LAND COURT
AT NAKURU