[2025] KEELC 4447 (KLR)
The court found that the appellants had demonstrated, through a valid grant ad litem, that Douglas Mauti, Vincent Omboga, and Gladys Moraa Mariba were duly appointed administrators of the deceased respondent's estate. There being no opposition to the application and no legal impediment, the court exercised its...
Source-derived case information.
- Citation
- [2025] KEELC 4447 (KLR)
- Parties
- Appellant: Ronald Sagwe Magere; Appellant: Alfred Martin Magere; Respondent: Margaret Nyang’Ara; Respondent: Douglas Mauti; Respondent: Vincent Omboga; Respondent: Gladys Moraa Mariba
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal E012 of 2023
- Procedural Posture
- Environment and Land Appeal / Ruling on Application for Substitution of Deceased Respondent
- Outcome
- application allowed
- Judges
- M Sila
- Legal Topics
- Substitution of Parties, Death of Respondent, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ronald Sagwe Magere
Appellant
Alfred Martin Magere
Appellant
Margaret Nyang’Ara
Respondent
Douglas Mauti
Respondent
Vincent Omboga
Respondent
Gladys Moraa Mariba
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Application for Substitution of Deceased Respondent
Legal Issues
- 1 Whether the deceased respondent should be substituted by the administrators of her estate for purposes of the appeal.
Ratio Decidendi
The court found that the appellants had demonstrated, through a valid grant ad litem, that Douglas Mauti, Vincent Omboga, and Gladys Moraa Mariba were duly appointed administrators of the deceased respondent's estate. There being no opposition to the application and no legal impediment, the court exercised its discretion under Order 24 of the Civil Procedure Rules to allow the substitution. The substitution ensures that the appeal can proceed to its logical conclusion without being defeated by the death of the respondent.
Court Disposition
application allowed
Orders
- The deceased respondent, Margaret Nyang’Ara, is substituted by Douglas Mauti, Vincent Omboga, and Gladys Moraa Mariba as respondents in this appeal.
- The appeal shall proceed to its logical conclusion.
Full Case Text
Judgment text and source record
21 paragraphs
Magere & another v Nyang’ara (Environment and Land Appeal E012 of 2023) [2025] KEELC 4447 (KLR) (12 June 2025) (Ruling)
Neutral citation: [2025] KEELC 4447 (KLR)
Republic of Kenya
In the Environment and Land Court at Kisii
Environment and Land Appeal E012 of 2023
M Sila, J
June 12, 2025
Between
Ronald Sagwe Magere
1st Appellant
Alfred Martin Magere
2nd Appellant
and
Margaret Nyang’Ara
Respondent
(Application for substitution of deceased respondent; application allowed)
Ruling
1. The application before me is that dated 21 March 2025 filed by the appellants. The appellants aver that the respondent in this appeal is deceased, and they seek orders to have her substituted with Douglas Mauti, Vincent Omboga and Gladys Moraa Mariba. In the supporting affidavit, sworn by the 1st appellant, he has deposed that the said three persons have been appointed as administrators of the estate of the deceased respondent for purposes of this appeal. He has annexed a grant ad litem dated 19 February 2025 and issued on 6 March 2025, by the Chief Magistrates’ Court Kisii, in the suit Kisii Miscellaneous Succession Cause No. E009 of 2025, in the matter of Margaret Nyangara (deceased).
2. There is nothing filed to oppose the motion and on my part I see no reason why I should not allow it. It is hereby allowed. I order that the deceased respondent be substituted with Douglas Mauti, Vincent Omboga, and Gladys Moraa Mariba, and the appeal to proceed to its logical conclusion.
3. Orders accordingly.
DATED AND DELIVERED THIS 12 DAY OF JUNE 2025JUSTICE MUNYAO SILAJUDGE, ENVIRONMENT AND LAND COURTAT KISII