[2022] KECA 155 (KLR)
The court found that the applicant, Monica Kanini Wambua, had obtained a Limited Grant Ad Litem authorizing her to act as the personal representative of the deceased 2nd appellant. As the respondent did not oppose the application, and the requirements of Rule 99 of the Court of Appeal Rules, 2010 were satisfied, the...
Source-derived case information.
- Citation
- [2022] KECA 155 (KLR)
- Parties
- Appellant: Jane Wanjiru Gitonga; Appellant: Wambua Mwithi Kilovoo; Applicant: Monica Kanini Wambua; Respondent: Machakos Ranching Company Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal (Application) 103 of 2017
- Procedural Posture
- Civil Appeal / Application for Substitution of Deceased Appellant
- Outcome
- Application for substitution allowed as prayed.
- Judges
- HM Okwengu
- Legal Topics
- Substitution of Parties, Appeal Procedure, Grant Ad Litem
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Wanjiru Gitonga
Appellant
Wambua Mwithi Kilovoo
Appellant
Monica Kanini Wambua
Applicant
Machakos Ranching Company Limited
Respondent
Procedural Posture
Civil Appeal / Application for Substitution of Deceased Appellant
Legal Issues
- 1 Whether Monica Kanini Wambua should be substituted as the personal representative of the deceased 2nd appellant, Wambua Mwithi Kilovoo, in Civil Appeal No. 103 of 2017.
Ratio Decidendi
The court found that the applicant, Monica Kanini Wambua, had obtained a Limited Grant Ad Litem authorizing her to act as the personal representative of the deceased 2nd appellant. As the respondent did not oppose the application, and the requirements of Rule 99 of the Court of Appeal Rules, 2010 were satisfied, the court granted the application for substitution as prayed. The substitution ensures the proper continuation of the appeal in accordance with procedural law.
Court Disposition
Application for substitution allowed as prayed.
Orders
- Monica Kanini Wambua is substituted as the personal representative of the late Wambua Mwithi Kilovoo, the 2nd appellant, in Civil Appeal No. 103 of 2017.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
22 paragraphs
Gitonga & 2 others v Machakos Ranching Company Limited (Civil Appeal (Application) 103 of 2017) [2022] KECA 155 (KLR) (Family) (18 February 2022) (Ruling)
Neutral citation number: [2022] KECA 155 (KLR)
Republic of Kenya
In the Court of Appeal at Nairobi
Civil Appeal (Application) 103 of 2017
HM Okwengu, JA
February 18, 2022
Between
Jane Wanjiru Gitonga
1st Appellant
Wambua Mwithi Kilovoo
2nd Appellant
and
Monica Kanini Wambua
Applicant
and
Machakos Ranching Company Limited
Respondent
(Application under Rule 99 of the Court of Appeal Rules, 2010 for substitution of the 2nd appellant in Civil Appeal No. 103 of 2017)
Ruling
1. By a notice of motion brought under Rule 99 of the Court of Appeal Rules, the applicant Monica Kanini Wambua seeks to be substituted as a personal representative of her late husband, Wambua Mwithi Kilovoo (deceased) who is the 2nd appellant in Civil Appeal No. 103 of 2017. The deceased died on 7th February, 2021 and the applicant obtained a Limited Grant Ad Litem on 9th August, 2021 to enable her proceed with the appeal.
2. The respondent though served, did not file any reply to the applicant’s motion. In the circumstances the motion stands unopposed and the same is granted as prayed.Costs shall be in the cause.DATED AND DELIVERED AT NAIROBI THIS 18TH DAY OF FEBRUARY, 2022. HANNAH OKWENGU................................JUDGE OF APPEALI certify that this is a true copy of the original.SignedDEPUTY REGISTRAR