[2022] KECA 140 (KLR)
The court found that the applicant had provided sufficient evidence of the death of the 1st respondent by producing a death certificate and had also obtained Letters of Administration Ad litem limited for the purpose of prosecuting the suit. As the application was unopposed and the requirements for substitution...
Source-derived case information.
- Citation
- [2022] KECA 140 (KLR)
- Parties
- Appellant: Beth Mueni; Respondent: John Kinyanjui Gakunga; Respondent: John Muinde Gakunga; Applicant: Fredrick M. Njoroge Kinyanjui
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal (Application) 140 of 2017
- Procedural Posture
- Civil Appeal / Ruling on Application for Substitution of Deceased Respondent
- Outcome
- application granted
- Judges
- HM Okwengu
- Legal Topics
- Substitution of Parties, Death of Party, Letters of Administration, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Beth Mueni
Appellant
John Kinyanjui Gakunga
Respondent
John Muinde Gakunga
Respondent
Fredrick M. Njoroge Kinyanjui
Applicant
Procedural Posture
Civil Appeal / Ruling on Application for Substitution of Deceased Respondent
Legal Issues
- 1 Whether the applicant should be substituted as a party in place of the deceased 1st respondent.
- 2 Whether the applicant has satisfied the requirements for substitution under Rule 85(2) of the Court of Appeal Rules.
Ratio Decidendi
The court found that the applicant had provided sufficient evidence of the death of the 1st respondent by producing a death certificate and had also obtained Letters of Administration Ad litem limited for the purpose of prosecuting the suit. As the application was unopposed and the requirements for substitution under Rule 85(2) of the Court of Appeal Rules were satisfied, the court granted the application for substitution as prayed.
Court Disposition
application granted
Orders
- The applicant, Fredrick M. Njoroge Kinyanjui, is substituted as a party in place of the deceased 1st respondent, John Kinyanjui Gakunga.
Full Case Text
Judgment text and source record
24 paragraphs
Mueni v Gakunga & another; Kinyanjui (Applicant) (Civil Appeal (Application) 140 of 2017) [2022] KECA 140 (KLR) (Family) (18 February 2022) (Ruling)
Neutral citation number: [2022] KECA 140 (KLR)
Republic of Kenya
In the Court of Appeal at Nairobi
Civil Appeal (Application) 140 of 2017
HM Okwengu, JA
February 18, 2022
Between
Beth Mueni
Appellant
and
John Kinyanjui Gakunga
1st Respondent
John Muinde Gakunga
2nd Respondent
and
Fredrick M. Njoroge Kinyanjui
Applicant
((Application Rule 85(2) of the Court of Appeal Rules and sections 1B and 3A of the Civil Procedure Act for substitution of the 1st respondent in Civil Appeal No. 140 of 2017)
Ruling
1. By a notice of motion which is undated, Fredrick M. Njoroge Kinyanjui has moved this Court for an order under Rule 85(2) of the Court of Appeal Rules and sections 1B and 3A of the Civil Procedure Act, to be substituted and made a party in place of John Kinyanjui Gakunga.
2. The applicant has sworn a supporting affidavit to which he has annexed a death certificate showing that John Kinyanjui Njuguna alias John Kinyanjui Gakunga who is the 1st respondent in the suit died on 15th March, 2020. He has also annexed Letters of Administration Ad litem issued to him on 12th July, 2021 limited for purposes of filing and prosecuting a suit.
3. The motion came before me for hearing by way of written submissions without the presence of the parties. Although the appellant/respondent was served with a hearing notice, he has not filed any reply to the motion. In the circumstances, the application stands unopposed. The applicant having satisfied this Court that the 1st respondent is deceased, and that he has a limited grant for purposes of this suit, I hereby grant the motion as prayed.
DATED AND DELIVERED AT NAIROBI THIS 18TH DAY OF FEBRUARY, 2022. HANNAH OKWENGU................................JUDGE OF APPEALI certify that this is a true copy of the original.SignedDEPUTY REGISTRAR