[1998] KECA 235 (KLR)
The court held that since the applicant had obtained a limited grant to prosecute the appeal, he was the legal representative of his deceased father for the purposes of the pending appeal. There was no valid reason for the respondents' opposition to the substitution. The application for substitution was therefore...
Source-derived case information.
- Citation
- [1998] KECA 235 (KLR)
- Parties
- Applicant: Evan Ngugi Kinyanjui; Respondent: Phillis Mbute; Respondent: Mararo Kamau; Respondent: James Mbugua Mbute; Respondent: Muiruri Kamau; Respondent: Charles Muita Kamau; Respondent: Esther Nyambura Kamau
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 277 of 1997
- Procedural Posture
- Civil Application / Application for Substitution in Intended Appeal
- Outcome
- application allowed
- Legal Topics
- Substitution of Parties, Legal Representative, Limited Grant, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Evan Ngugi Kinyanjui
Applicant
Phillis Mbute
Respondent
Mararo Kamau
Respondent
James Mbugua Mbute
Respondent
Muiruri Kamau
Respondent
Charles Muita Kamau
Respondent
Esther Nyambura Kamau
Respondent
Procedural Posture
Civil Application / Application for Substitution in Intended Appeal
Legal Issues
- 1 Whether the applicant should be substituted as the legal representative of the deceased appellant for purposes of the intended appeal.
Ratio Decidendi
The court held that since the applicant had obtained a limited grant to prosecute the appeal, he was the legal representative of his deceased father for the purposes of the pending appeal. There was no valid reason for the respondents' opposition to the substitution. The application for substitution was therefore allowed, and the applicant was ordered to be substituted in place of the deceased appellant. Costs of the application were ordered to be in the intended appeal.
Court Disposition
application allowed
Orders
- Evan Ngugi Kinyanjui is substituted in place of his deceased father Kinyanjui Kamau as appellant in the intended appeal.
- Costs of this application shall be in the intended appeal.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
CORAM: OMOLO, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI 277 OF 1997
BETWEEN
EVAN NGUGI KINYANJUI ..................................APPLICANT
AND
PHILLIS MBUTE
MARARO KAMAU
JAMES MBUGUA MBUTE
MUIRURI KAMAU
CHARLES MUITA KAMAU
ESTHER NYAMBURA KAMAU .................................RESPONDENTS
(An application for substitution in an intended appeal from a judgment of the High Court of Kenya at Nairobi (O'Kubasu J) dated 7th June, 1993 in H.C.C.S. NO. 3788 OF 1988) *****************
R U L I N G
I do not think there is any valid reason for the opposition by the respondents. The applicant, Evan Ngugi Kinyanjui is the son of Kinyanjui Kamau who has died. The applicant has obtained a limited grant to enable him prosecute the impending appeal. In those circumstances, he is the legal representative of his deceased father, at least for the purposes of the pending appeal.
Accordingly, I allow this application and order that Evan Ngugi Kinyanjui be and is hereby substituted in place of his deceased father Kinyanjui Kamau. The costs of this application shall be in the intended appeal. These are my orders.
Dated and delivered at Nairobi this 5th day of February, 1998.
R. S. C. OMOLO --------------- JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR