[2013] KEHC 5705 (KLR)
The court found that the applicant, having obtained a limited grant of letters of administration ad litem and provided proof of the appellant's death, was entitled to be substituted as the appellant in the ongoing appeal. The application was therefore merited and allowed.
Source-derived case information.
- Citation
- [2013] KEHC 5705 (KLR)
- Parties
- Respondent: Michugu Mwangi Karanja; Appellant: Karanja Mwangi alias Karanja Chege alias Danson Karanja (deceased); Applicant: Son of the deceased appellant (name not provided)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 29 of 2004
- Procedural Posture
- Civil Appeal / Application for Substitution of Deceased Appellant
- Outcome
- Application for substitution allowed.
- Judges
- DN Musyoka
- Legal Topics
- Substitution of Parties, Death of Litigant, Letters of Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michugu Mwangi Karanja
Respondent
Karanja Mwangi alias Karanja Chege alias Danson Karanja (deceased)
Appellant
Son of the deceased appellant (name not provided)
Applicant
Procedural Posture
Civil Appeal / Application for Substitution of Deceased Appellant
Legal Issues
- 1 Whether the applicant should be substituted as appellant in place of the deceased.
- 2 Whether the applicant has the requisite legal standing through a grant of letters of administration ad litem.
Ratio Decidendi
The court found that the applicant, having obtained a limited grant of letters of administration ad litem and provided proof of the appellant's death, was entitled to be substituted as the appellant in the ongoing appeal. The application was therefore merited and allowed.
Court Disposition
Application for substitution allowed.
Orders
- The applicant is substituted as appellant in place of the deceased Karanja Mwangi alias Karanja Chege alias Danson Karanja.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL APPEAL CAUSE NO: 29 OF 2004
MICHUGU MWANGI KARANJA...............................RESPONDENT
VERSUS
KARANJA MWANGI......................................................PETITIONER
RULING
The application dated 14th December 2012 is for substitution of a dead appellant.
This cause is an appeal by Karanja Mwangi alias Karanja Chege alias Danson Karanja. He is said to have died on11th September 2012. There is a certificate of death to attest to this. The application dated 14th December 2012 is by a son of the said deceased appellant to have him substituted. The applicant has obtained a limited grant of letters of administration ad litem dated 29th November 2012.
The application is merited and I hereby allow it.
DATED, SIGNED and DELIVERED AT NAIROBI THIS 27th DAY OF June 2013.
W.M. Musyoka
JUDGE