[2023] KECA 1177 (KLR)
The court allowed the application for substitution because it was brought by the legal representative of the deceased respondent, was unopposed, and was filed under the correct procedural rule (rule 99 of the Court of Appeal Rules). The subject matter of the appeal, being land, survives the death of the respondent...
Source-derived case information.
- Citation
- [2023] KECA 1177 (KLR)
- Parties
- Appellant: Hannah Njeri Kamau; Respondent: Daniel Muya Mbugua; Applicant: Jane Wangari Muya
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal (Application) 207 of 2019
- Procedural Posture
- Civil Appeal / Application for Substitution of Deceased Respondent
- Outcome
- Application for substitution allowed.
- Judges
- MSA Makhandia
- Legal Topics
- Substitution of Parties, Appeal Procedure, Death of Party, Grant of Letters of Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Hannah Njeri Kamau
Appellant
Daniel Muya Mbugua
Respondent
Jane Wangari Muya
Applicant
Procedural Posture
Civil Appeal / Application for Substitution of Deceased Respondent
Legal Issues
- 1 Whether the applicant should be substituted as the respondent following the death of Daniel Muya Mbugua.
- 2 Whether the application for substitution was made within the prescribed time and under the correct procedural rule.
Ratio Decidendi
The court allowed the application for substitution because it was brought by the legal representative of the deceased respondent, was unopposed, and was filed under the correct procedural rule (rule 99 of the Court of Appeal Rules). The subject matter of the appeal, being land, survives the death of the respondent and devolves to the estate as confirmed by the grant. There was no delay or prejudice to any party, and the application was properly supported by the necessary documentation.
Court Disposition
Application for substitution allowed.
Orders
- Jane Wangari Muya is substituted as the respondent in place of Daniel Muya Mbugua (deceased).
- No order as to costs.
Full Case Text
Judgment text and source record
22 paragraphs
Kamau v Mbugua; Muya (Applicant) (Civil Appeal (Application) 207 of 2019) [2023] KECA 1177 (KLR) (6 October 2023) (Ruling)
Neutral citation: [2023] KECA 1177 (KLR)
Republic of Kenya
In the Court of Appeal at Nairobi
Civil Appeal (Application) 207 of 2019
MSA Makhandia, JA
October 6, 2023
Between
Hannah Njeri Kamau
Appellant
and
Daniel Muya Mbugua
Respondent
and
Jane Wangari Muya
Applicant
(An application for substitution of the appellant in Nairobi Court of Appeal in Civil Appeal No. 207 of 2019)
Ruling
1. The applicant, Jane Wangari Muya, by an application dated September 19, 2022 seeks to substitute Daniel Muya Mbugua (the deceased respondent), who died on January 16, 2020. The applicant is the legal representative and widow of the deceased.
2. The subject matter of the appeal is a parcel of land known as Githunguri/Gathangari/1612, which survives the deceased appellant’s death as per the certificate of confirmation of grant dated June 30, 2021.
3. 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 6TH DAY OF OCTOBER, 2023. ASIKE-MAKHANDIA........................................JUDGE OF APPEALI certify that this is a True copy of the originalSignedDEPUTY REGISTRAR