[2022] KECA 1159 (KLR)
The court found that the application for substitution was properly before it, was not opposed, and was supported by a consent filed by the parties. In accordance with Rule 99(3) (now Rule 102(3)) of the Court of Appeal Rules, and guided by the principles of justice and expediency under Article 159(d) of the...
Source-derived case information.
- Citation
- [2022] KECA 1159 (KLR)
- Parties
- Applicant: Zehrabanu (Zeinabu) Janmohamed (SC); Respondent: Joseph Lekamario & others
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal (Application) 181 of 2017
- Procedural Posture
- Civil Appeal / Application for Substitution of Deceased Respondent
- Outcome
- Application allowed; applicant substituted as 2nd respondent; no order as to costs.
- Judges
- LK Kimaru
- Legal Topics
- Substitution of Parties, Appeal Procedure, Death of Party
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zehrabanu (Zeinabu) Janmohamed (SC)
Applicant
Joseph Lekamario & others
Respondent
Procedural Posture
Civil Appeal / Application for Substitution of Deceased Respondent
Legal Issues
- 1 Whether the applicant should be substituted as the 2nd respondent in place of the deceased Daniel Toroitich Arap Moi in the pending appeal.
- 2 Whether the application for substitution is properly before the court and unopposed.
Ratio Decidendi
The court found that the application for substitution was properly before it, was not opposed, and was supported by a consent filed by the parties. In accordance with Rule 99(3) (now Rule 102(3)) of the Court of Appeal Rules, and guided by the principles of justice and expediency under Article 159(d) of the Constitution and Sections 3A and 3B of the Appellate Jurisdiction Act, the court allowed the substitution of Zehrabanu (Zeinabu) Janmohamed (SC) as the 2nd respondent in place of the deceased Daniel Toroitich Arap Moi. The court further ordered that there would be no orders as to costs.
Court Disposition
Application allowed; applicant substituted as 2nd respondent; no order as to costs.
Orders
- Zehrabanu (Zeinabu) Janmohamed (SC) is hereby allowed to substitute Daniel Toroitich Arap Moi (deceased) as the 2nd respondent in the above appeal.
- There shall be no orders as to costs.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of Daniel Toroitich Arap Moi (Deceased) (Civil Appeal (Application) 181 of 2017) [2022] KECA 1159 (KLR) (18 October 2022) (Ruling)
Neutral citation: [2022] KECA 1159 (KLR)
Republic of Kenya
In the Court of Appeal at Nyeri
Civil Appeal (Application) 181 of 2017
LK Kimaru, JA
October 18, 2022
(A notice of Motion under Article 159 (d) of the Constitution of Kenya, 2010, Section 3A and 3B of the Appellate Jurisdiction Act, Rules 51 (4), 99 (3)of the Court of Appeal Rules, 2010)
Between
(Zeinabu) Janmohamed (Senior Counsel
Applicant
and
Joseph Lekamario & others
Respondent
Ruling
1. Zehrabanu (Zainabu) Janmohamed (SC), the personal representative of Daniel Toroitich Arap Moi (deceased) who was the 2nd respondent in an appeal pending before this court ie Civil Appeal No 38 of 2016 Joseph Lekamario & others v African Wildlige Foundation & 2 others filed this application pursuant to the then Rule 99 (3)(now Rule 102 (3))of the Court of Appeal Rules seeking to be substituted as the 2nd Respondent in the place of the now deceased Respondent. The application was not opposed. Indeed, a consent has been filed in Court urging this Court to allow the application for substitution as prayed by the Applicant.
3. In the premises therefore, the application is allowed on the following terms:1. Zehrabanu (Zeinabu) Janmohamed (SC) is hereby allowed to substitute Daniel Toroitich Arap Moi (deceased) as the 2nd respondent in the above appeal.2. There shall be no orders as to costs.
DATED AT NYERI THIS 18TH DAY OF OCTOBER, 2022. L. KIMARU………………………………JUDGE OF APPEALI certify that this is a true copy of the original.DEPUTY REGISTRAR