[2002] KECA 62 (KLR)
The court found that the applicant, Monica Wamuhu Macharia, had provided sufficient evidence through her affidavit and the death certificate to establish that Peter Macharia and Peter Macharia Marianjugu are the same person. It was not disputed that she is the wife and administratrix of the deceased's estate....
Source-derived case information.
- Citation
- [2002] KECA 62 (KLR)
- Parties
- Applicant: Monica Wamuhu Macharia (The Administratrix of the Estate of Peter Macharia); Respondent: The Attorney General; Respondent: Kipsinende Farm Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 358 of 2001
- Procedural Posture
- Civil Application / Ruling on Application for Substitution Under Rule 96
- Outcome
- application granted
- Legal Topics
- Substitution of Parties, Administration of Estates, Appeals Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Monica Wamuhu Macharia (The Administratrix of the Estate of Peter Macharia)
Applicant
The Attorney General
Respondent
Kipsinende Farm Limited
Respondent
Procedural Posture
Civil Application / Ruling on Application for Substitution Under Rule 96
Legal Issues
- 1 Whether the applicant should be substituted in place of the deceased Peter Macharia in Civil Appeal 282 of 1998 under rule 96 of the Court of Appeal Rules.
- 2 Whether sufficient evidence has been provided to establish that Peter Macharia and Peter Macharia Marianjugu are the same person.
Ratio Decidendi
The court found that the applicant, Monica Wamuhu Macharia, had provided sufficient evidence through her affidavit and the death certificate to establish that Peter Macharia and Peter Macharia Marianjugu are the same person. It was not disputed that she is the wife and administratrix of the deceased's estate. Therefore, there was no merit in the second respondent's opposition to the application for substitution. The court granted the application, allowing the applicant to be substituted in place of Peter Macharia in Civil Appeal 282 of 1998, as she is the proper party to represent the estate of the deceased.
Court Disposition
application granted
Orders
- The applicant, Monica Wamuhu Macharia, is substituted in place of Peter Macharia in Civil Appeal 282 of 1998.
- No order as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
IN THE COURT OF APPEAL
AT NAKURU
CORAM: GICHERU, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI 358 OF 2001 (NKR34/01)
BETWEEN
MONICA WAMUHU MACHARIA (
The Administratrix of the Estate of Peter Macharia) ......... APPLICANT
AND
THE ATTORNEY GENERAL
KIPSINENDE FARM LIMITED .................... RESPONDENTS
(-
*****************
R U L I N G
Counsel for the second respondent opposes the applicant's application for substitution under rule 96 of the Rules of this Court principally because it has not been explained satisfactorily that Peter Machariais one and the same person as Peter Macharia Marianjugu. From the supporting affidavit of the applicant who depones that she is the wife of Peter Macharia and who is the administratrix of the estate of Peter Macharia Marianjugu, Peter Macharia is one and the same person as Peter Macharia Marianjugu. That is the name that appears on the deceased's death certificate. It is not disputed that the applicant is the wife of the deceased Peter Macharia Marianjugu and that she is the administratrix to the estate of the said deceased person. There can therefore be no better person to affirm that Peter Macharia is one and the same person as Peter Macharia Marianjugu. In that regard therefore, I can find no merit in the 2nd respondent's opposition to the applicant's application for substitution under rule 96 of the Rul es of this Court . In the result, the applicant's application is granted so that the applicant is substituted in place of Peter Macharia in this Court's Civil Appeal 282 of 1998. I make no order as to the costs occasioned by this application.
Made at Nakuru this 20th day of February, 2002.
J. E. GICHERU
---------------
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR