[2022] KECA 1050 (KLR)
The court found that the parties had reached a consent on the substitution of the deceased respondent with Aaron Kyengo Kamu, the change of advocates for the respondent, and the settlement of the application dated 11th April 2022. The court adopted the consent as its order, thereby granting the substitution,...
Source-derived case information.
- Citation
- [2022] KECA 1050 (KLR)
- Parties
- Appellant: Harrison Musyimi Kakundi; Respondent: Simon Muthaka Kamu (Suing as the Legal Representative of the Estate of the Late Martha Mbane); Respondent: Jeremiah Nzomo Masai; Respondent: Aaron Kyengo Kamu
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E484 of 2021
- Procedural Posture
- Civil Appeal / Ruling on Substitution and Settlement by Consent
- Outcome
- Application settled by consent; substitution and change of advocates granted.
- Judges
- PM Gachoka
- Legal Topics
- Substitution of Parties, Matrimonial Property Division, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Harrison Musyimi Kakundi
Appellant
Simon Muthaka Kamu (Suing as the Legal Representative of the Estate of the Late Martha Mbane)
Respondent
Jeremiah Nzomo Masai
Respondent
Aaron Kyengo Kamu
Respondent
Procedural Posture
Civil Appeal / Ruling on Substitution and Settlement by Consent
Legal Issues
- 1 Whether the respondent Simon Muthaka Kamu (deceased) should be substituted by Aaron Kyengo Kamu as legal administrator of the estate of the late Martha Mbane.
- 2 Whether the application dated 11th April 2022 should be marked as fully settled by consent of the parties.
- 3 Whether leave should be granted for change of advocates for the respondent.
Ratio Decidendi
The court found that the parties had reached a consent on the substitution of the deceased respondent with Aaron Kyengo Kamu, the change of advocates for the respondent, and the settlement of the application dated 11th April 2022. The court adopted the consent as its order, thereby granting the substitution, allowing the change of advocates, and marking the application as fully settled. The court emphasized the binding nature of consent orders and the procedural requirements for substitution and change of advocates, ensuring the proper representation of the estate and finality of the dispute regarding the application.
Court Disposition
Application settled by consent; substitution and change of advocates granted.
Orders
- Leave granted to Kivuitu Maundu & Co. Advocates to act for the respondent in place of Mwangangi & Associates Advocates.
- The respondent Simon Muthaka Kamu (deceased) is substituted with Aaron Kyengo Kamu.
Full Case Text
Judgment text and source record
20 paragraphs
Kakundi v Kamu (Suing as the Legal Representative of the Estate of the Late Martha Mbane) & another (Civil Appeal E484 of 2021) [2022] KECA 1050 (KLR) (23 September 2022) (Ruling)
Neutral citation: [2022] KECA 1050 (KLR)
Republic of Kenya
In the Court of Appeal at Nairobi
Civil Appeal E484 of 2021
MP Gachoka, JA
September 23, 2022
Between
Harrison Musyimi Kakundi
Appellant
and
Simon Muthaka Kamu (Suing as the Legal Representative of the Estate of the Late Martha Mbane)
1st Defendant
Jeremiah Nzomo Masai
2nd Defendant
(Being an appeal from the Judgment of the Environment and Land Court of Kenya at Makueni (Mbogo C.G, J.) delivered on the 29th day of June 2021 in Environment and Land Court Case No. 08 of 2019 Environment & Land Case 08 of 2019 )
Ruling
1. The Applicant has approached this court by way of a Notice of Motion dated August 1, 2022 under Article 259 (2) of the Constitution. Rule 31, 69 and 99 of the Court of Appeal Rules, Section 3, 3A and 38 of the Appellants Jurisdiction Act, Order 1 Rules 1, 3 and 10 and Order 51 Rule 1, Section 1A and 1B and 31 of the Civil Procedure Act seeking the following orders: -‘‘(i)……………………...ii.That, Aaron Kyengo Kamu be substituted in place of Simon Muthuka Kamu (now deceased) being the legal administrator of the estate of the late Martha Mbane.iii.”
2. On September 16, 2022, the Parties files a consent in the following terms: -"..We the undersigned Advocates for the parties, would be obliged if you could kindly record the following order by consent of the parties:-By consent of the parties herein, parties have agreed on settlement and division of matrimonial property in the following terms;i.That leave be granted to the firm of Kivuitu Maundu & Co. Advocates to act for and on behalf of the Respondent herein in place of Mwangangi & Associates Advocates.ii.That the Honorable Court be pleased to substitute the Respondent Simon Muthuka Kamu (now Deceased) with Aaron Kyengo Kamu.iii.That the application dated 11th April 2022 be hereby marked as fully settled on the above terms.”Noting that the parties have signed and filled the written consent, the court hereby adopt the said consent. Accordingly, an Order is hereby issued as follows;-i.That leave be granted to the firm of Kivuitu Maundu & Co. Advocates to act for and on behalf of the Respondent herein in place of Mwangangi & Associates Advocates.ii.That the Honourable Court be pleased to substitute the Respondent Simon Muthuka Kamu (now Deceased) with Aaron Kyengo Kamu.iii.That the application dated 11th April 2022 be hereby marked as fully settled on the above terms.’’
DATED AT NAIROBI THIS 23RD DAY OF SEPTEMBER, 2022. I certify that this is a true copy of the originalSignedM. GACHOKA, CIArb, FCIArb............................JUDGE OF APPEALDEPUTY REGISTRAR