[2011] KEHC 4258 (KLR)
The court found that the applicant, as the legal representative of the deceased appellant, had complied with the requirements of Order 24 of the Civil Procedure Rules by obtaining a grant of letters of administration intestate. The application for substitution was made within the prescribed period, and the...
Source-derived case information.
- Citation
- [2011] KEHC 4258 (KLR)
- Parties
- Appellant: Edesa L. Munialo; Respondent: Kenya Agricultural Research Institute
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 259 of 2009
- Procedural Posture
- Civil Appeal / Application for Substitution of Deceased Appellant With Legal Representative
- Outcome
- Application granted; legal representative substituted for deceased appellant.
- Legal Topics
- Substitution of Parties, Appeal From Subordinate Court, Employee Employer Dispute, Letters of Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edesa L. Munialo
Appellant
Kenya Agricultural Research Institute
Respondent
Procedural Posture
Civil Appeal / Application for Substitution of Deceased Appellant With Legal Representative
Legal Issues
- 1 Whether the legal representative of the deceased appellant should be substituted to continue the appeal.
- 2 Whether the application for substitution was made within the prescribed time under the Civil Procedure Rules.
Ratio Decidendi
The court found that the applicant, as the legal representative of the deceased appellant, had complied with the requirements of Order 24 of the Civil Procedure Rules by obtaining a grant of letters of administration intestate. The application for substitution was made within the prescribed period, and the respondent, though served, did not oppose the application. The court was satisfied that the legal representative was properly before it and granted the application for substitution to allow the appeal to proceed.
Court Disposition
Application granted; legal representative substituted for deceased appellant.
Orders
- Leave is granted to substitute the deceased appellant with the legal representative.
- No order as to costs.
Full Case Text
Judgment text and source record
44 paragraphs
1. Civil Appeal
2. Civil Practice & Procedure
3. Subject of main subordinate Courts suit:-
a.Employee/employer
b.Contract/tenancy
c.Employee’s suit dismissed
d.Applicant files appeal against employer on 26 May 2009
e.Appellant demise on 31 May 2011 at Kakamega
4. Application dated 25 My 2011.
a.Leave to substitute deceased appellants with legal representative
b.Respondent served – absent
5. Held:
a.Application granted
b.Leave be and is hereby granted to substitute the deceased with the legal representative.
6. Case Law
7. Advocates
i.C. Njoroge instructed by the firm of M/s Lesinko & Njoroge Advocates for the /applicant/appellant/original plaintiff – present
ii.M/s Wauna Oluoch & co. Advocate for the Respondent/Respondent/original defendant – served but absent
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CIVIL APPEAL NO.259 OF 2009
EDESA L. MUNIALO...........................................................................APPLICANT/APPELLANT/ORIGINAL PLAINTIFF
VERSUS
KENYA AGRICULTURAL RESEARCH INSTITUTE..............RESPONDENT/RESPONDENT/ORIGINAL DEFENDANT
(Being an appeal from judgment and decree of Hon. Mr. M. K. Kiema Esq, Resident Magistrate, Milimani Commercial Courts, Nairobi.
Delivered on 17th June, 2008 in Civil suit No. 2)
RULING
I.INTRODUCTION
1. The appellant/original plaintiff (now deceased) had sued her employer in the subordinate Courts at Nairobi. She lost her case but being dissatisfied with the said decision, she appealed to this High Court of Kenya at Nairobi on 26 May 2009.
2. Unfortunately on 31 may 2011, the appellant passed away at the Aga Khan Hospital, Kisumu.
3. Her legal representative now files application under Order 24 Rule 1 3(1) Civil Procedure Rules seeking to be substituted in this appeal.
II.APPLICATION 25 MAY 2011
4. The rules require that this application be done within 12 months. The applicant stated that it took about one year to apply for grant of letters of administration intestate from the High Court of Kenya at Kakamega. As soon as the grant was issued, this application was issued upon the other party who failed to attend court.
5. The main prayers is for the legal representative be substituted in order to proceed with this appeal.
6. The application is a legal requirement. The court has to satisfy itself that the legal representative has taken out grant of letters of administration intestate or limited grant ad liten. The latter grant being for filing suit only and or continuing with a deceased legal matter.
7. The same having been complied with, the application is hereby granted.
8. There will be no costs awarded to the respondent as they are served but are absent.
RULING DATED THIS 3RD DAY OF JUNE 2011 AT NAIROBI.
M. A. ANG’AWA
JUDGE
Advocates
i.C. Njoroge instructed by the firm of M/s Lesinko & Njoroge Advocates for the /applicant/appellant/original plaintiff - present
ii.M/s Wauna Oluoch & co. Advocate for the Respondent/Respondent/original defendant – served but absent