[2022] KECA 1157 (KLR)
The Court found that the applicant, Harriet Muthoni Mugambi, had demonstrated her legal capacity to be substituted as the respondent by virtue of being the personal representative of the deceased, Alice Kathure Justus, as evidenced by the Limited Grant of Letters of Administration ad litem. The Court exercised its...
Source-derived case information.
- Citation
- [2022] KECA 1157 (KLR)
- Parties
- Applicant: Amos Mbae Kanampiu; Applicant: Johnson Njeru Kirimo; Applicant: Lucy Gatakaa; Respondent: Alice Kathure Justus; Intended Respondent: Harriet Muthoni Mugambi
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal (Application) 97 of 2017
- Procedural Posture
- Civil Appeal / Application for Substitution of Deceased Respondent
- Outcome
- Application allowed. Substitution of respondent granted.
- Judges
- LK Kimaru
- Legal Topics
- Substitution of Parties, Appeal Procedure, Letters of Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Amos Mbae Kanampiu
Applicant
Johnson Njeru Kirimo
Applicant
Lucy Gatakaa
Applicant
Alice Kathure Justus
Respondent
Harriet Muthoni Mugambi
Intended Respondent
Procedural Posture
Civil Appeal / Application for Substitution of Deceased Respondent
Legal Issues
- 1 Whether the applicant, as the personal representative of the deceased respondent, should be substituted as a party to the appeal.
- 2 Whether the court has discretion to allow substitution and revive the appeal after the death of a respondent.
Ratio Decidendi
The Court found that the applicant, Harriet Muthoni Mugambi, had demonstrated her legal capacity to be substituted as the respondent by virtue of being the personal representative of the deceased, Alice Kathure Justus, as evidenced by the Limited Grant of Letters of Administration ad litem. The Court exercised its discretion under Rule 102(3) of the Court of Appeal Rules 2022 to allow the substitution, noting that the application was unopposed and that the interests of justice required the appeal to proceed with the proper parties. The substitution was therefore granted, and no order as to costs was made.
Court Disposition
Application allowed. Substitution of respondent granted.
Orders
- Harriet Muthoni Mugambi is hereby allowed to substitute Alice Kathure Justus (deceased) as the Respondent in this appeal.
- There shall be no orders as to costs.
Full Case Text
Judgment text and source record
26 paragraphs
Kanampiu & 2 others v Justus; Mugambi (Intended Respondent) (Civil Appeal (Application) 97 of 2017) [2022] KECA 1157 (KLR) (18 October 2022) (Ruling)
Neutral citation: [2022] KECA 1157 (KLR)
Republic of Kenya
In the Court of Appeal at Nyeri
Civil Appeal (Application) 97 of 2017
LK Kimaru, JA
October 18, 2022
Between
Amos Mbae Kanampiu
1st Applicant
Johnson Njeru Kirimo
2nd Applicant
Lucy Gatakaa
3rd Applicant
and
Alice Kathure Justus
Respondent
and
Harriet Muthoni Mugambi
Intended Respondent
(Being an application for substituting the Respondent Alice Kathure Justus who is now deceased with one Harriet Muthoni Mugambi for purposes of proceeding with the Civil Appeal herein being an appeal from the Ruling of the High Court of Kenya at Chuka (Limo, J.) dated 17th May, 2017inH. C. Misc. Appl. No. 26 of 2016)
Ruling
1. Harriet Muthoni Mugambi (applicant) has filed this application seeking to substitute Alice Kathure Justus (deceased) who died on July 15, 2021. She was a Respondent in this appeal.
2. The applicant states that she is the daughter of the deceased and desires to come on record in this appeal since the subject matter of the appeal is land. She has attached a Limited Grant of Letters of Administration and Litem issued on 10th February, 2022 in Meru Court Miscellaneous Succession Cause No. 19 of 2022 which declares that she is the personal representative of her deceased mother. The application is not opposed.
3. Although the Applicant did not cite any rule to predicate the application, Rule 102 (3) of theCourt of Appeal Rules 2022 grants this Court discretion to revive the appeal and substitute the personal representative of the deceased who was a party to the Appeal. This Court is persuaded that the application is merited and is allowed in the following terms:1. Harriet Muthoni Mugambi is hereby allowed to substitute Alice Kathure Justus (deceased) as the Respondent in this 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