[2020] KECA 18 (KLR)
The court found that the applicant, Naomi Wairimu Kahara, had provided sufficient evidence of the appellant's death and her status as legal representative by virtue of a limited grant of letters of administration. The application for substitution was made in a timely manner and was unopposed. The court held that...
Source-derived case information.
- Citation
- [2020] KECA 18 (KLR)
- Parties
- Appellant: Daniel Kahara Wakigo; Respondent: Salome Wangui Chege; Respondent: The Public Trustee
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 106 of 2020
- Procedural Posture
- Civil Appeal / Application for Substitution of Deceased Appellant
- Outcome
- Application for substitution allowed.
- Judges
- GK Oenga
- Legal Topics
- Substitution of Parties, Death of Litigant, Letters of Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Kahara Wakigo
Appellant
Salome Wangui Chege
Respondent
The Public Trustee
Respondent
Procedural Posture
Civil Appeal / Application for Substitution of Deceased Appellant
Legal Issues
- 1 Whether the appellant, having died during the pendency of the appeal, should be substituted by his legal representative.
- 2 Whether the application for substitution was brought in a timely manner.
Ratio Decidendi
The court found that the applicant, Naomi Wairimu Kahara, had provided sufficient evidence of the appellant's death and her status as legal representative by virtue of a limited grant of letters of administration. The application for substitution was made in a timely manner and was unopposed. The court held that there was no reason to deny the application and allowed the substitution of the deceased appellant with his widow as legal representative, with no order as to costs.
Court Disposition
Application for substitution allowed.
Orders
- Naomi Wairimu Kahara, widow of the deceased appellant, is substituted as the appellant in place of Daniel Kahara Wakigo.
- No order as to costs.
Full Case Text
Judgment text and source record
27 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
CORAM: KIAGE, J.A. (IN CHAMBERS)
CIVIL APPEAL NO. 106 OF 2020
BETWEEN
DANIEL KAHARA WAKIGO ........................................... APPELLANT
AND
SALOME WANGUI CHEGE .................................1STRESPONDENT
THE PUBLIC TRUSTEE.......................................2NDRESPONDENT
(An appeal from the ruling and order of the Environment and Land Court at Nairobi (Komingoi, J.) dated 11thDecember, 2019
in
E.L.C No. 1 of 2018)
******************
RULING
The motion dated 25th September 2020 is brought under Rule 99(1)of theCourt 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.
The motion seeks to substitute the appellant Daniel Kahara Wakigowho expired on 5th May 2020 as attested to by the Certificate of Death annexed to the supporting affidavit of the applicant Naomi Wairimu Kahara, the appellant’s widow.
The motion is not opposed as no replying affidavit has been filed by the respondent. There really is no reason for opposition anyway.
The motion having been brought in timely fashion, and being satisfied that the widow Naomi Wairimu Kahara, who holds a limited grant of letters of administration issued to her in Nairobi HCF P&A/E770/2020, is the legal representative of the appellant, I allow the motion with no orders as to costs.
Orders accordingly.
Dated and delivered at Nairobi this 18thday of December, 2020.
P. O. KIAGE
……………………..…………….…
JUDGE OF APPEAL
I certify that this is a true
copy of the original.
Signed
DEPUTY REGISTRAR