[2014] KEHC 6755 (KLR)
The court found that the application for substitution was facilitative and unopposed. The legal representative, having been duly appointed, was entitled to be substituted as the respondent to enable the matter to proceed. The court held that such substitution would not prejudice the case and was necessary for the...
Source-derived case information.
- Citation
- [2014] KEHC 6755 (KLR)
- Parties
- Appellant: M'Ebai Gatulukume; Respondent: Joseph Maingi M'Imathiu; Respondent: David Mwenda Maingi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 60 of 2008
- Procedural Posture
- Civil Appeal / Ruling on Application for Substitution of Respondent
- Outcome
- application allowed
- Judges
- FM Njoroge
- Legal Topics
- Substitution of Parties, Legal Representatives, Death of Party
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M'Ebai Gatulukume
Appellant
Joseph Maingi M'Imathiu
Respondent
David Mwenda Maingi
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Substitution of Respondent
Legal Issues
- 1 Whether the legal representative of the deceased respondent should be substituted as a party to the appeal.
Ratio Decidendi
The court found that the application for substitution was facilitative and unopposed. The legal representative, having been duly appointed, was entitled to be substituted as the respondent to enable the matter to proceed. The court held that such substitution would not prejudice the case and was necessary for the just determination of the appeal.
Court Disposition
application allowed
Orders
- The legal representative David Mwenda Maingi is substituted as the respondent in place of the deceased Joseph Maingi M'Imathiu.
- Orders to be in the cause.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL APPEAL NO. 60 OF 2008
M'EBAI GATULUKUME...........................APPELLANT
VERSUS
JOSEPH MAINGI M'IMATHIU...............RESPONDENT
R U L I N G
The application herein is dated 30th July, 2013. It seeks orders:
That the Court be pleased to substitute the defendant JOSEPH MAINGI in the above matter.
That the legal representative DAVID MWENDA MAINGI do take over as the Respondent in the above matter.
It is based on the grounds:
That the legal representative was appointed on 1. 06. 2013 for the purpose of pursuing Meru High Court Civil Case No. 150 of 2011 and Meru Civil Appeal No. 60 of 2008.
That the substitution shall not prejudice the defendant case whatsoever.
This application is not opposed. The Court notes that it is merely facilitative. In the circumstances the application is allowed with orders to be in the cause.
Delivered in Open Court this 27th day of February, 2014 in the presence of
Cc. Daniel
C. K. Kariuki for Applicant
P. M. NJOROGE
JUDGE