[2021] KECA 74 (KLR)
The Court of Appeal determined that since both respondents had died more than a year prior and no application for substitution had been made, the appeal had abated by operation of law. The court therefore marked the appeal as abated, in accordance with the Civil Procedure Rules, which require substitution of...
Source-derived case information.
- Citation
- [2021] KECA 74 (KLR)
- Parties
- Appellant: Kanga Mbiuki; Appellant: Mbiuki Ngeti; Respondent: Arnold Mutegi Sebastian; Respondent: Phineas M’Imenti
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 337 of 2010
- Procedural Posture
- Civil Appeal / Order on Abatement of Appeal
- Outcome
- Appeal abated due to death of both respondents and no substitution.
- Judges
- DK Musinga, MSA Makhandia, F Sichale
- Legal Topics
- Abatement of Appeal, Death of Parties, Substitution of Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kanga Mbiuki
Appellant
Mbiuki Ngeti
Appellant
Arnold Mutegi Sebastian
Respondent
Phineas M’Imenti
Respondent
Procedural Posture
Civil Appeal / Order on Abatement of Appeal
Legal Issues
- 1 Whether the appeal should abate due to the death of both respondents and lack of substitution.
Ratio Decidendi
The Court of Appeal determined that since both respondents had died more than a year prior and no application for substitution had been made, the appeal had abated by operation of law. The court therefore marked the appeal as abated, in accordance with the Civil Procedure Rules, which require substitution of deceased parties within a specified period to avoid abatement.
Court Disposition
Appeal abated due to death of both respondents and no substitution.
Orders
- The appeal is marked as having abated.
Full Case Text
Judgment text and source record
20 paragraphs
Mbiuki & another v Sebastian & another (Civil Appeal 337 of 2010) [2021] KECA 74 (KLR) (8 October 2021) (Order)
Neutral citation number: [2021] KECA 74 (KLR)
Republic of Kenya
In the Court of Appeal at Nyeri
Civil Appeal No. 337 of 2010
DK Musinga, MSA Makhandia & F Sichale, JJA
October 8, 2021
Between
Kanga Mbiuki
1st Appellant
Mbiuki Ngeti
2nd Appellant
and
Arnold Mutegi Sebastian
1st Respondent
Phineas M’Imenti
2nd Respondent
(Being an appeal from the judgement of Hon. Lady Justice Mary Kasango dated 30. 4.2010 in Meru HCCA No. 74 of 2001)
Order
The respondents are both deceased. The entire appeal has abated. This appeal is hereby marked as having abated, all the parties having died more than a year ago, and there having been no substitution.Dated at Nairobi this 8thday of October, 2021D.K. MUSINGA (P)…………………………JUDGE OF APPEALASIKE MAKHANDIA………………………….JUDGE OF APPEALF. SICHALE………………………..JUDGE OF APPEALI certify that this is a truecopy of the original.SignedDEPUTY REGISTRAR