[2014] KEHC 2420 (KLR)
The court found that the application to enjoin Edwin Riungu M'Miriti as the 1st respondent, in his capacity as the legal representative of the deceased Miriti Mugo, was facilitative and unopposed. Proper service had been effected, and there was no reason to deny the application. The substitution was necessary to...
Source-derived case information.
- Citation
- [2014] KEHC 2420 (KLR)
- Parties
- Appellant: Geremano Mugo Muga; Respondent: Miriti Mugo; Respondent: Kirunja Mugo; Respondent: Edwin Riungu M'Miriti
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 56 of 2001
- Procedural Posture
- Civil Appeal / Ruling on Application for Substitution of Deceased Respondent
- Outcome
- application allowed
- Judges
- FM Njoroge
- Legal Topics
- Substitution of Parties, Enjoinder of Legal Representative
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geremano Mugo Muga
Appellant
Miriti Mugo
Respondent
Kirunja Mugo
Respondent
Edwin Riungu M'Miriti
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Substitution of Deceased Respondent
Legal Issues
- 1 Whether the legal representative of the deceased 1st respondent should be enjoined as a party to the appeal.
Ratio Decidendi
The court found that the application to enjoin Edwin Riungu M'Miriti as the 1st respondent, in his capacity as the legal representative of the deceased Miriti Mugo, was facilitative and unopposed. Proper service had been effected, and there was no reason to deny the application. The substitution was necessary to allow the appeal to proceed to determination on its merits. Accordingly, the application was allowed and costs were ordered to be in the cause.
Court Disposition
application allowed
Orders
- Edwin Riungu M'Miriti is enjoined as the 1st respondent in place of Miriti Mugo (deceased).
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL APPEAL NO. 56 OF 2001
GEREMANO MUGO MUGA..................................................................APPELLANT
VERSUS
MIRITI MUGO.............................................................................1ST RESPONDENTS
KIRUNJA MUGO..........................................................................2ND RESPONDENT
R U L I N G
This application is dated 14. 6.2010 and seeks orders that:
1. The appellant/applicant be allowed to enjoin Edwin Riungu M'Miriti as the 1st Respondent as he is the legal representative in the estate of Miriti Mugo (deceased) who died on 23rd June, 2002.
2. The Costs be provided for.
There is evidence that the legal representative of the 1st Respondent has been properly served but is not in court. This application is merely facilitative.
In the circumstances, the application is allowed.
Costs shall be in the cause.
Delivered in Open Court at Meru this 25th day of June, 2014 in the presence of:
Cc. Daniel
Kiambi for Applicant/Appellant
P. M. NJOROGE
JUDGE