[1998] KECA 73 (KLR)
The court held that since the grant of letters of administration to the applicants was under challenge and the dispute had not yet been resolved, it was premature to substitute them as legal representatives of the deceased intended appellant. The legal representatives of the deceased can only be ascertained after...
Source-derived case information.
- Citation
- [1998] KECA 73 (KLR)
- Parties
- Applicant: Mercy Wanjiru Chege; Applicant: Loise Wamaitha Kamau; Respondent: Muchunu Mumbura
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 114 of 1996
- Procedural Posture
- Civil Application / Application for Substitution of Parties Pending Determination of Grant of Letters of Administration
- Outcome
- Application for substitution adjourned sine die with liberty to apply.
- Judges
- AM Akiwumi
- Legal Topics
- Substitution of Parties, Letters of Administration, Estate Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mercy Wanjiru Chege
Applicant
Loise Wamaitha Kamau
Applicant
Muchunu Mumbura
Respondent
Procedural Posture
Civil Application / Application for Substitution of Parties Pending Determination of Grant of Letters of Administration
Legal Issues
- 1 Whether the applicants can be substituted as legal representatives of the deceased intended appellant before the challenge to the grant of letters of administration is resolved.
Ratio Decidendi
The court held that since the grant of letters of administration to the applicants was under challenge and the dispute had not yet been resolved, it was premature to substitute them as legal representatives of the deceased intended appellant. The legal representatives of the deceased can only be ascertained after the challenge to the grant is disposed of. Therefore, the application for substitution was adjourned sine die, with liberty to apply once the issue of representation is conclusively determined.
Court Disposition
Application for substitution adjourned sine die with liberty to apply.
Orders
- The application for substitution is adjourned sine die with leave to apply.
- Costs will be in the cause.
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: AKIWUMI, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. 114 OF 1996
1. MERCY WANJIRU CHEGE 2. LOISE WAMAITHA KAMAU .............................. APPLICANTS AND MUCHUNU MUMBURA ....................................... RESPONDENT
R U L I N G
It is clear that the grant of letters of administration to Mercy Wanjira Chege and Lois Wamaitha Kamau in respect of the estate of the deceased intended appellant, is under challenge which has not yet been disposed of. It is only when this is done that the legal representatives of the deceased intended appellant can be ascertained. In these circumstances the application for the substitution of the two ladies in place of the deceased intended appellant is adjourned sine die with leave to apply. costs will be in the cause.
Dated and delivered at Nairobi this 12th day of February, 1998.
A. M. AKIWUMI
..................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR.