[2023] KEHC 19972 (KLR)
The court found that the application was unopposed, as the respondent neither filed a response nor appeared in court. The applicant demonstrated that she is the legal representative of the deceased respondent and that her substitution is necessary for the effective determination of the appeal. The court exercised...
Source-derived case information.
- Citation
- [2023] KEHC 19972 (KLR)
- Parties
- Appellant: Jacinta Wairimu Karuga; Respondent: Margaret Wambui Karuga; Applicant: Rosemary Nyambura Karuga
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 94 of 2017
- Procedural Posture
- Civil Appeal / Ruling on Application for Reinstatement and Substitution
- Outcome
- Application allowed as prayed.
- Judges
- DO Chepkwony
- Legal Topics
- Substitution of Parties, Revival of Application, Enlargement of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jacinta Wairimu Karuga
Appellant
Margaret Wambui Karuga
Respondent
Rosemary Nyambura Karuga
Applicant
Procedural Posture
Civil Appeal / Ruling on Application for Reinstatement and Substitution
Legal Issues
- 1 Whether the application to reinstate the struck out Notice of Motion should be allowed.
- 2 Whether the court should enlarge time for filing the application for substitution of the deceased respondent.
- 3 Whether Rosemary Nyambura Karuga should be substituted as the legal representative of the deceased respondent.
Ratio Decidendi
The court found that the application was unopposed, as the respondent neither filed a response nor appeared in court. The applicant demonstrated that she is the legal representative of the deceased respondent and that her substitution is necessary for the effective determination of the appeal. The court exercised its discretion to set aside the previous order striking out the application, reinstated the application, enlarged the time for filing the substitution application, and allowed the substitution of Rosemary Nyambura Karuga as the legal representative of the deceased respondent. The orders sought were granted in the interests of justice and to facilitate the fair hearing of the appeal.
Court Disposition
Application allowed as prayed.
Orders
- The orders issued on June 10, 2021 striking out the Notice of Motion dated July 30, 2019 are set aside and the application is reinstated.
- Time within which to file the application for substitution of the respondent is enlarged.
Full Case Text
Judgment text and source record
23 paragraphs
Karuga v Karuga; Karuga (Intended Substitute of Margaret Wambui Karuga) (Applicant) (Civil Appeal 94 of 2017) [2023] KEHC 19972 (KLR) (20 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19972 (KLR)
Republic of Kenya
In the High Court at Kiambu
Civil Appeal 94 of 2017
DO Chepkwony, J
June 20, 2023
Between
Jacinta Wairimu Karuga
Appellant
and
Margaret Wambui Karuga
Respondent
and
Rosemary Nyambura Karuga (Intended Substitute of Margaret Wambui Karuga)
Applicant
Ruling
1. This matter is for hearing of the Notice of Motion application dated November 30, 2021 in which the Applicant is seeking for Orders that:-(1)The orders issued on June 10, 2021 whereby the Notice of Motion dated July 30, 2019 was struck out and the honourable court be pleased to reinstate and/or revive the application.
(2)Upon grant of Prayer No.(1), his Honourable Court be pleased to enlarge time within which to file the application for substitution of the Respondent Margaret Wambui Karuga(now deceased.
(3)Upon grant of Prayer No.(2) above, the Honourable Court be pleased to substitute Rosemary Nyambura Karuga(the Legal Representative of the Respondent, Margatet Wambui Karuga,now deceased) with Margaret Wambui Daruga (now deceased)
2. The application is supported by the grounds set out on its face and Supporting Affidavit sworn by the Intended Substitute Party, Rose Mary Nyambura Karuga. The gist of the application being that the Intended substitute is necessary for the complete and effective adjudication and determination of the main suit. The hearing Notice was served upon the respondent as confirmed by counsel for the applicant with an affidavit of service dated May 29, 2023. The respondent and counsel have not filed any response to the 2nd application. They have also not attended court or sent representation to explain the absence.
3. In the circumstances, the application is unchallenged and proceed to allow the same in the following terms:-a)That the orders issued on June 10, 2021 whereby the Notice of Motion dated July 30, 2019 was struck out be and are hereby set aside and the application reinstated and/or revived.b)That upon grant of Prayer No.(1), the time within which to file the application for substitution of the respondent Margaret Wambui Karuga(now deceased) is hereby enlarged.c)Having granted Prayer No.(2) above, the Intended Substitute Party, Rosemary Nyambura Karugabe and is hereby substituted with Margaret Wambui Karuga(now deceased) as Legal Representative of the respondent.d)Costs to be in the cause.It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 20TH DAY OF JUNE, 2023. D. O. CHEPKWONYJUDGEIn the presence of:M/S Wambura holding brief for Mr. Njuguna for the AppellantCourt Assistant – Martin/Nancy