[2003] KECA 14 (KLR)
The Court of Appeal granted the application for substitution of parties as it was unopposed and found to be properly before the court. The court ordered that the substitutions be effected within 15 days, after which the appeal may be listed for hearing. The decision was based on the absence of opposition and the...
Source-derived case information.
- Citation
- [2003] KECA 14 (KLR)
- Parties
- Appellant: Mumbi w/o Mwangi; Appellant: Geoffrey Kinyua Mwangi; Appellant: Wakony w/o Mwangi; Appellant: Stephen Mwangi Muriithi; Respondent: Public Trustee; Respondent: Justine Mundia Mwangi; Respondent: Geoffrey Gichohi Mwangi; Respondent: Charles Maina Mwangi
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 99 of 1998
- Procedural Posture
- Civil Appeal / Ruling on Unopposed Application for Substitution of Parties
- Outcome
- Application for substitution of parties granted; appeal to proceed after substitutions are effected.
- Legal Topics
- Substitution of Parties, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mumbi w/o Mwangi
Appellant
Geoffrey Kinyua Mwangi
Appellant
Wakony w/o Mwangi
Appellant
Stephen Mwangi Muriithi
Appellant
Public Trustee
Respondent
Justine Mundia Mwangi
Respondent
Geoffrey Gichohi Mwangi
Respondent
Charles Maina Mwangi
Respondent
Procedural Posture
Civil Appeal / Ruling on Unopposed Application for Substitution of Parties
Legal Issues
- 1 Whether the unopposed application for substitution of parties should be granted.
- 2 Whether the appeal should proceed after substitution.
Ratio Decidendi
The Court of Appeal granted the application for substitution of parties as it was unopposed and found to be properly before the court. The court ordered that the substitutions be effected within 15 days, after which the appeal may be listed for hearing. The decision was based on the absence of opposition and the procedural right to substitute parties to ensure the appeal can proceed on its merits.
Court Disposition
Application for substitution of parties granted; appeal to proceed after substitutions are effected.
Orders
- Application granted in terms of orders 1, 2, 3, 4 and 5 of the application dated 30th November, 2001.
- Substitutions to be on record within 15 days of the ruling date.
Full Case Text
Judgment text and source record
26 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
CIVIL APPEAL NO. 99 OF 1998
MUMBI W/O MWANGI……….…….…….………...............………1ST APPELLANT
GEOFFREY KINYUA MWANGI……..….....………....................…..2ND APPELLANT
WAKONY W/O MWANGI………….…….…………............…..….3RD APPELLANT
STEPHEN MWANGI MURIITHI….….….…………..............………4TH APPELLANT
AND
PUBLIC TRUSTEE………….……...……….….….................….1ST RESPONDENT
JUSTINE MUNDIA MWANGI…….....…......…….................…...2ND RESPONDENT
GEOFFREY GICHOHI MWANGI……...….…..........................….3RD RESPONDENT
CHARLES MAINA MWANGI………………….…................…...4TH RESPONDENT
(An appeal from the Ruling and Order of the High Court of Kenya
at Nyeri (Ang’awa, J) dated 30th November, 1995
in
H.C.MISC. ADM. CAUSE NO. 43 OF 1983 (O.S.)
*********************************
RULING
As the application is not opposed the same is granted in terms as sought in orders 1, 2, 3, 4 and 5 of the application, dated 30th November, 2001.
The appeal itself may after substitutions, be listed for hearing at Nairobi. The substitutions to be on record within 15 days of today.
Dated and delivered at Nairobi this 30th day of April, 2003.
A.B. SHAH
.............................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR