[2021] KEHC 927 (KLR)
The court found that it could not trace the application dated 26th July, 2020 for substitution of the deceased party, nor any responses from the respondents. In the absence of the application and supporting documents, the court determined that it could not proceed to make any orders regarding substitution. The court...
Source-derived case information.
- Citation
- [2021] KEHC 927 (KLR)
- Parties
- Applicant: Nelson Gachoki Murage alias Gachoki Murage; Respondent: Stephen Mwangi Muriithi; Respondent: Nelson Douglas Kabui; Defendant: Stanley Migwi Njoroge; Applicant: Esther Wambaire
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 89 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Substitution of Deceased Party
- Outcome
- No substantive order made; directions issued for applicants to provide necessary documents.
- Judges
- JK Mulwa, RM Mwongo
- Legal Topics
- Party Substitution, Succession Proceedings, Application for Substitution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nelson Gachoki Murage alias Gachoki Murage
Applicant
Stephen Mwangi Muriithi
Respondent
Nelson Douglas Kabui
Respondent
Stanley Migwi Njoroge
Defendant
Esther Wambaire
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Application for Substitution of Deceased Party
Legal Issues
- 1 Whether the application for substitution of the deceased party was properly filed and available for determination.
- 2 Whether the court can proceed to make orders in the absence of the application and responses.
Ratio Decidendi
The court found that it could not trace the application dated 26th July, 2020 for substitution of the deceased party, nor any responses from the respondents. In the absence of the application and supporting documents, the court determined that it could not proceed to make any orders regarding substitution. The court directed the applicants to provide a stamped copy of the application, proof of payment of court fees, and any responses to enable the court to give a further hearing date or make an order of substitution if appropriate.
Court Disposition
No substantive order made; directions issued for applicants to provide necessary documents.
Orders
- Applicants to provide a stamped copy of the application dated 26th July, 2020, payment receipt of court fees, and any responses to the court.
- Further hearing date or order of substitution to be given upon compliance.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENHYA
IN THE HIGH COURT OF KENYA AT KERUGOYA
MISC. SUCCESSION CAUSE NO. 89 OF 2013
MBOGO GIKUNJU alias MBOGO THEYA-DECEASED
NELSON GACHOKI MURAGE alias
GACHOKI MURAGE......................................................APPLICANT
STEPHEN MWANGI MURIITHI......................1ST RESPONDENT
NELSON DOUGLAS KABUI............................2ND RESPONDENT
VERSUS
STANLEY MIGWI NJOROGE.........DEFENDANT(DECEASED)
ESTHER WAMBAIRE........................INTENDED SUBSTITUTE
RULING
1. On 17th December, 2019, the court was informed by the Applicant’s Advocates that one of the Applicants was deceased, and sought time to apply for substitution of the deceased Applicant. The Respondents were aware of the death. The court allowed the Applicant to move and substitute the dead party and gave a mention date to confirm the substitution on the 24th March, 2020.
2. On 3rd February, 2021, Ms. Wambui Advocate for the Applicants appeared before me, but the Respondents did not despite having been served with a notice for mention. She sought orders on the Application dated 26th July, 2020 supposedly for the substitution of the deceased party upon which I gave a ruling date for the application.
3. I have perused the court file keenly. I am unable to trace the said application dated 26/7/2020 nor any responses by the respondents. In the premises, I opine that the best way out is for the Applicants to provide the court with a stamped copy and the payment receipt of court fees and all responses if any, to enable it to give a further hearing date for the said application and or an order of substitution if it was ever made by the court.
DATED AND SIGNED THIS DAY OF 2021
J. N. MULWA
JUDGE
DATED AND DELIVERED AT KERUGOYA THIS 14TH DAY OF DECEMBER 2021
R. MWONGO
JUDGE