[2025] KECA 599 (KLR)
The court found that the applicant, as the son and legal representative of the deceased appellant, had provided sufficient evidence of death and of his authority to act on behalf of the estate. The appeal survives the deceased, and the applicant would suffer prejudice if not substituted. The application for...
Source-derived case information.
- Citation
- [2025] KECA 599 (KLR)
- Parties
- Appellant: Peris Wanjira Kinyua; Respondent: Ephantus Karani Makanga; Applicant: Gibson Murage Kinyua
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal (Application) E164 of 2022
- Procedural Posture
- Civil Appeal / Application for Substitution of Appellant Due to Death
- Outcome
- Application allowed. Applicant substituted as appellant in place of deceased.
- Judges
- S ole Kantai
- Legal Topics
- Substitution of Parties, Death of Litigant, Appeal Survival, Letters of Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peris Wanjira Kinyua
Appellant
Ephantus Karani Makanga
Respondent
Gibson Murage Kinyua
Applicant
Procedural Posture
Civil Appeal / Application for Substitution of Appellant Due to Death
Legal Issues
- 1 Whether the applicant should be substituted as appellant in place of the deceased original appellant.
- 2 Whether the appeal survives the deceased appellant.
Ratio Decidendi
The court found that the applicant, as the son and legal representative of the deceased appellant, had provided sufficient evidence of death and of his authority to act on behalf of the estate. The appeal survives the deceased, and the applicant would suffer prejudice if not substituted. The application for substitution was therefore merited and allowed.
Court Disposition
Application allowed. Applicant substituted as appellant in place of deceased.
Orders
- Gibson Murage Kinyua is hereby substituted in place of the appellant Peris Wanjira Kinyua who has since died.
- No order as to costs.
Full Case Text
Judgment text and source record
22 paragraphs
Kinyua v Makanga; Kinyua (Applicant) (Civil Appeal (Application) E164 of 2022) [2025] KECA 599 (KLR) (28 March 2025) (Ruling)
Neutral citation: [2025] KECA 599 (KLR)
Republic of Kenya
In the Court of Appeal at Nyeri
Civil Appeal (Application) E164 of 2022
S ole Kantai, JA
March 28, 2025
Between
Peris Wanjira Kinyua
Appellant
and
Ephantus Karani Makanga
Respondent
and
Gibson Murage Kinyua
Applicant
(An application for leave to substitute in Civil Appeal No. E164 of 2022)
Ruling
1. In the Motion said to be brought under rules 44(1) and 102 of the Court of Appeal Rules the applicant Gibson Murage Kinyua prays that I be pleased to substitute the name of the appellant Peris Wanjira Kinyua (deceased) with him. In grounds in support of the Motion and in his supporting affidavit he says that the appellant died on 9th April, 2023; that he is her surviving son; that the appeal survives the deceased appellant and that he would suffer irreparable prejudice if the order is not granted. Attached to the application is a Certificate of Death in respect of the deceased and letters of administration ad litem in respect of the estate.
2. I have seen hearing notice dated 7th March, 2025 at 12. 13 p.m. to maguaassociates@gmail.com, mogusulugard@yahoo.com and ireneciru @rocketmail.com where parties were notified of hearing date and required to file written submissions. I have seen and considered written submissions filed by the applicant. The applicant tells me that he is the son of the appellant who died on 9th April, 2023; that the appeal survives her. I am satisfied that the application is merited and I allow it.
3. Gibson Murage Kinyua is hereby substituted in place of the appellant Peris Wanjira Kinyua who has since died. I make no order on costs.
DATED AND DELIVERED AT NYERI THIS 28TH DAY OF MARCH, 2025. S. ole KANTAI...................................JUDGE OF APPEALI certify that this is a true copy of the originalSignedDEPUTY REGISTRAR