[2001] KECA 28 (KLR)
The court allowed the application for substitution because it is necessary to ensure that the proceedings are properly constituted and that the interests of the deceased respondent are represented. The application was unopposed, and the law permits substitution in such circumstances to prevent abatement of the suit....
Source-derived case information.
- Citation
- [2001] KECA 28 (KLR)
- Parties
- Appellant: Ephantus Wanjohi Ruhara; Respondent: Eunice Wanjiku Ruhara; Respondent: Jotham Gichuki Ruhara; Respondent: Joseph Kago Ruhara; Respondent: Duncan Maina Ruhara; Respondent: John Muchoki Ruhara; Respondent: Esther Wokabi Ruhara; Respondent: Samuel Mwangi Ruhara; Respondent: Fraciah Muthoni
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 36 of 1990
- Procedural Posture
- Civil Appeal / Application for Substitution of Party Due to Death of Respondent
- Outcome
- Application for substitution allowed.
- Legal Topics
- Substitution of Parties, Death of Party, Appeals Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ephantus Wanjohi Ruhara
Appellant
Eunice Wanjiku Ruhara
Respondent
Jotham Gichuki Ruhara
Respondent
Joseph Kago Ruhara
Respondent
Duncan Maina Ruhara
Respondent
John Muchoki Ruhara
Respondent
Esther Wokabi Ruhara
Respondent
Samuel Mwangi Ruhara
Respondent
Fraciah Muthoni
Respondent
Procedural Posture
Civil Appeal / Application for Substitution of Party Due to Death of Respondent
Legal Issues
- 1 Whether the court should allow the substitution of Fraciah Muthoni in place of the deceased 5th respondent, John Muchoki Ruhara.
Ratio Decidendi
The court allowed the application for substitution because it is necessary to ensure that the proceedings are properly constituted and that the interests of the deceased respondent are represented. The application was unopposed, and the law permits substitution in such circumstances to prevent abatement of the suit. The court exercised its discretion under the Civil Procedure Rules to allow Fraciah Muthoni to be substituted in place of the deceased John Muchoki Ruhara as the 5th respondent.
Court Disposition
Application for substitution allowed.
Orders
- Fraciah Muthoni is substituted in place of John Muchoki Ruhara, deceased, as the 5th respondent.
- Costs of the application to be in the cause.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NYERI
Civil Appeal (Appli) 36 of 1990
EPHANTUS WANJOHI RUHARA ..............................................................................................APPELLANT
AND
1. EUNICE WANJIKU RUHARA
2. JOTHAM GICHUKI RUHARA
3. JOSEPH KAGO RUHARA
4. DUNCAN MAINA RUHARA
5. JOHN MUCHOKI RUHARA
6. ESTHER WOKABI RUHARA
7. SAMUEL MWANGI RUHARA.........................................................................................RESPONDENTS
(Appeal from a Ruling and Order of the High Court of Kenya at Nyeri (Mr. Justice F.E. Abdullah) dated the 9th day of November of 1989
in
H.C.C.C. NO.174 of 1985)
*******************
O R D E R
The application dated September 13, 2000 for the substitution of FRACIAH MUTHONI in the place of JOHN MUCHOKI RUHARA deceased the 5th respondent be and is hereby allowed, and thereby made a party to this suit. Costs of the application in the cause.
Made at Nyeri this 31st day of October 2001.
M. KEIWUA
....................
JUDGE OF APPEAL