[2017] KECA 564 (KLR)
The application for substitution was filed within the 12-month period stipulated by Rule 99(2) of the Court of Appeal Rules. Lucy Nyambura Mburu was duly appointed as the legal representative of the deceased respondent. There was no valid reason presented to oppose the substitution. The court, therefore, exercised...
Source-derived case information.
- Citation
- [2017] KECA 564 (KLR)
- Parties
- Appellant: Francis Kaagu Karichu; Respondent: Johnson Mburu Karichu; Respondent: Lucy Nyambura Mburu
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 64 of 2015
- Procedural Posture
- Civil Appeal / Application for Substitution of Deceased Respondent
- Outcome
- Application for substitution allowed.
- Judges
- AM Githinji
- Legal Topics
- Substitution of Parties, Appeals Process, Death of Party
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Kaagu Karichu
Appellant
Johnson Mburu Karichu
Respondent
Lucy Nyambura Mburu
Respondent
Procedural Posture
Civil Appeal / Application for Substitution of Deceased Respondent
Legal Issues
- 1 Whether the legal representative of the deceased respondent should be substituted as a party to the appeal.
- 2 Whether the application for substitution was filed within the time stipulated by the Court of Appeal Rules.
Ratio Decidendi
The application for substitution was filed within the 12-month period stipulated by Rule 99(2) of the Court of Appeal Rules. Lucy Nyambura Mburu was duly appointed as the legal representative of the deceased respondent. There was no valid reason presented to oppose the substitution. The court, therefore, exercised its duty under Rule 99(1) to allow the substitution of the legal representative as a party to the appeal.
Court Disposition
Application for substitution allowed.
Orders
- Lucy Nyambura Mburu is joined as a party in the appeal as the legal representative of the deceased respondent.
- Costs of the application shall be costs in the appeal.
Full Case Text
Judgment text and source record
25 paragraphs
IN THE COURT OF APPEAL
AT ELDORET
(CORAM: GITHINJI, JA. (IN CHAMBERS)
CIVIL APPEAL NO. 64 OF 2015
BETWEEN
FRANCIS KAAGU KARICHU...............APPELLANT
AND
JOHNSON MBURU KARICHU.......... RESPONDENT
(An appeal from a Judgment of the High Court of Kenya at Eldoret, (A. Mshila. J.) dated 17th May, 2013 and delivered by G. W. Ngenye Macharia, J. on 29th May, 2013in H. C. SUCC CAUSE NO. 182 OF 1996
**************************
RULING
This is an application by the appellant in the appeal for substitution of Lucy Nyambura Mburu for the deceased Johnson Mburu Karichu, the respondent in the appeal.
I have studied the supporting affidavit and the annexed documents. I have also studied the contents of the Replying affidavit of Lucy Nyambura Mburu sworn on 18th January, 2017.
I have also taken into consideration the provisions of Rule 99(1) and 99(2) of the Court of Appeal Rules. Under Rule 99(1), the Court has a duty on application of any interested person to cause a legal representative of a deceased party to be made a party to an appeal.
The respondent died on 18/12/2015. The present application was filed on 16th December, 2016 which is within the 12 months stipulated by rule 99(2).
Lucy Nyambura Mburu was appointed as legal representative of Johnson Mburu Karichu on 14th September, 2016 in Eldoret High Court, Succession Cause No. 25 of 2016.
In the circumstances, there is no valid reason why the application should not be allowed.
Accordingly the application is allowed.
Lucy Nyambura Mburu is joined as a party in the appeal herein as a legal representative of the deceased/respondent. Costs of the application shall be costs in the appeal.
Dated and delivered this 25th day of April, 2017.
E. M. GITHINJI
................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR