[2021] KECA 690 (KLR)
The court found that the application for substitution was brought promptly and under the appropriate rule. Since the subject matter of the appeal, being land, survives the deceased, and there was no opposition to the application, the court allowed the substitution of the applicant as the appellant. No order as to...
Source-derived case information.
- Citation
- [2021] KECA 690 (KLR)
- Parties
- Appellant: James Mutua Ngui; Respondent: Chania Enterprises Limited and Nominees; Applicant: Justinah Nzilani Ndeto
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 121 of 2019
- Procedural Posture
- Civil Appeal / Application for Substitution of Appellant Due to Death
- Outcome
- Application for substitution allowed.
- Judges
- DK Musinga
- Legal Topics
- Substitution of Parties, Death of Litigant, Appeal Procedure, Legal Representative, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Mutua Ngui
Appellant
Chania Enterprises Limited and Nominees
Respondent
Justinah Nzilani Ndeto
Applicant
Procedural Posture
Civil Appeal / Application for Substitution of Appellant Due to Death
Legal Issues
- 1 Whether the applicant should be substituted as the appellant following the death of the original appellant.
- 2 Whether the application for substitution was brought within the prescribed time and under the correct procedural rule.
Ratio Decidendi
The court found that the application for substitution was brought promptly and under the appropriate rule. Since the subject matter of the appeal, being land, survives the deceased, and there was no opposition to the application, the court allowed the substitution of the applicant as the appellant. No order as to costs was made.
Court Disposition
Application for substitution allowed.
Orders
- The applicant, Justinah Nzilani Ndeto, is substituted as the appellant in place of the deceased James Mutua Ngui.
- No order as to costs.
Full Case Text
Judgment text and source record
25 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: D. K. MUSINGA, J.A.)
CIVIL APPEAL NO. 121 OF 2019
BETWEEN
JAMES MUTUA NGUI...........................................................APPELLANT
AND
CHANIA ENTERPRISES LIMITED AND NOMINEES......RESPONDENT
AND
JUSTINAH NZILANI NDETO...............................................APPLICANT
(Being an application for substitution of the Appellant in Nairobi Court of Appeal in Civil Appeal No. 121 of 2019
in
Civil Appeal No. 121 of 2019. )
**************************
RULING
1. The applicant, Justina Nzilani Ndeto, by an application dated 8th June 2020 seeks to substitute James Mutua Ngui (the deceased appellant), who died on 23rd June 2019. The applicant is the legal representative and a sister-in-law of the deceased.
The subject matter of the appeal is a parcel of land known asMakueni/Kikumini/460, which survives the deceased appellant’s death.
2. As the application is not opposed and is brought timeously under the appropriate rule 99 of this Court’s Rules, I hereby allow the same with no order as to costs.
DATED AND DELIVERED AT NAIROBI THIS 23RD DAY OF APRIL, 2021.
D. K. MUSINGA
......................................
JUDGE OF APPEAL
I certify that this is a truecopy of the original.
Signed
DEPUTY RGISTRAR