[2025] KEHC 6474 (KLR)

[2025] KEHC 6474 (KLR)

The court found that the applicant had provided a reasonable and plausible explanation for the delay in seeking substitution and revival of the abated appeal, namely the time taken to obtain the grant of letters of administration ad litem. The application for the grant was made before abatement, and the grant was...

Source-derived case information.

Citation
[2025] KEHC 6474 (KLR)
Parties
Appellant: Nyaga Gitana; Respondent: Florence Waruguru; Respondent: Lilian Wambui; Applicant: Regina Wanjiru Gichobi
Court
High Court
Court Station
High Court at Kerugoya
Jurisdiction
Kenya
Judgment Date
15 May 2025
Case Number
Civil Appeal 15 of 2020
Procedural Posture
Civil Appeal / Ruling on Application for Extension of Time, Substitution, and Revival of Abated Appeal
Outcome
Application allowed; extension of time, substitution, and revival of appeal granted.
Judges
EM Muriithi
Legal Topics
Abatement of Suit, Extension of Time, Joinder of Personal Representative, Revival of Abated Appeal
Source Language
english
Civil Procedure Abatement of Suit Extension of Time Joinder of Personal Representative Revival of Abated Appeal

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Summary, issues, holding and outcome

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Parties

Nyaga Gitana

Appellant

Florence Waruguru

Respondent

Lilian Wambui

Respondent

Regina Wanjiru Gichobi

Applicant

Procedural Posture

Civil Appeal / Ruling on Application for Extension of Time, Substitution, and Revival of Abated Appeal

Legal Issues

  1. 1 Whether the court should grant extension of time to apply for substitution of the deceased appellant out of time.
  2. 2 Whether the applicant should be substituted as appellant in place of the deceased.
  3. 3 Whether the abated appeal should be revived.

Ratio Decidendi

The court found that the applicant had provided a reasonable and plausible explanation for the delay in seeking substitution and revival of the abated appeal, namely the time taken to obtain the grant of letters of administration ad litem. The application for the grant was made before abatement, and the grant was issued shortly after abatement. The application for substitution and revival was filed within four months of abatement, which the court deemed not inordinate. The court held that, in line with the principles under Order 24 and relevant case law, the three prayers for extension of time, substitution, and revival could be made in a single omnibus application. The respondents had...

Court Disposition

Application allowed; extension of time, substitution, and revival of appeal granted.

Orders

  • Leave granted to the applicant to apply for substitution of the deceased appellant out of time.
  • Regina Wanjiru Gichobi substituted as appellant in place of Nyaga Gitana (deceased).