[2021] KECA 699 (KLR)
The court found that the application for substitution was properly brought under rule 99(1) of the Court of Appeal Rules, the applicant had obtained a limited grant of letters of administration, and there was no opposition to the application. Therefore, the applicant was entitled to be substituted as the appellant...
Source-derived case information.
- Citation
- [2021] KECA 699 (KLR)
- Parties
- Appellant: Daniel Kahara Wakigo; Applicant: Naomi Wairimu Kahara; Respondent: John Kiumbuku Chege; Respondent: James Gitau Chege; Respondent: Simon Machieya Chege; Respondent: Harrison Muchene Chege; Respondent: The Public Trustee
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 252 of 2019
- Procedural Posture
- Civil Appeal / Application for Substitution of Appellant Due to Death
- Outcome
- Application for substitution allowed.
- Judges
- DK Musinga
- Legal Topics
- Substitution of Parties, Appeal Procedure, Letters of Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Kahara Wakigo
Appellant
Naomi Wairimu Kahara
Applicant
John Kiumbuku Chege
Respondent
James Gitau Chege
Respondent
Simon Machieya Chege
Respondent
Harrison Muchene Chege
Respondent
The Public Trustee
Respondent
Procedural Posture
Civil Appeal / Application for Substitution of Appellant Due to Death
Legal Issues
- 1 Whether the applicant should be substituted as appellant in place of the deceased appellant under the relevant court rules.
Ratio Decidendi
The court found that the application for substitution was properly brought under rule 99(1) of the Court of Appeal Rules, the applicant had obtained a limited grant of letters of administration, and there was no opposition to the application. Therefore, the applicant was entitled to be substituted as the appellant in place of the deceased.
Court Disposition
Application for substitution allowed.
Orders
- Naomi Wairimu Kahara is substituted as appellant in place of Daniel Kahara Wakigo, deceased.
- No order as to costs.
Full Case Text
Judgment text and source record
24 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: D. K. MUSINGA, J.A.)
CIVIL APPEAL NO. 252 OF 2019
BETWEEN DANIEL KAHARA WAKIGO.............................................. APPELLANT
AND JOHN KIUMBUKU CHEGE........................................1ST RESPONDENT
JAMES GITAU CHEGE.............................................. 2ND RESPONDENT
SIMON MACHIEYA CHEGE.................................... 3RD RESPONDENT
HARRISON MUCHENE CHEGE.............................. 4TH RESPONDENT
THE PUBLIC TRUSTEE............................................ 5TH RESPONDENT
(Being an appeal from the Ruling and Order of the High Court of Kenya at Nairobi (W. Musyoka, J.) delivered on 14th June 2018
in
H.C. Succ. Cause No. 202 of 1990. )
**************************
RULING
1. By an application dated 25th September 2020, Naomi Wairimu Kahara, the widow ofDaniel Kahara Wakigo, the deceased appellant, seeks to be substituted as the appellant in place of her deceased husband, who died on 5th May 2020. The applicant obtained limited grant of letters of administration of the deceased’s estate on 11th September 2020.
2. The application is not opposed. As the application was brought in accordance with the provisions of rule 99(1) of this Court’s Rules, I hereby allow the same with no order as to costs.
DATED AND DELIVERED AT NAIROBI THIS 23RD DAY OF APRIL, 2021.
D. K. MUSINGA
……………..………..
JUDGE OF APPEAL
I certify that this is a true copy of the original.
Signed
DEPUTY RGISTRA