[2022] KECA 1253 (KLR)
The court found that the application for substitution was properly made by the widow of the deceased 1st appellant, Rahab Waithera Mwaura, who had obtained a limited grant of Letters of Administration Ad Litem. The application was filed within the one-year period required by Rule 102(1) of the Court of Appeal Rules,...
Source-derived case information.
- Citation
- [2022] KECA 1253 (KLR)
- Parties
- Appellant: Leonard Mwaura Muongi (deceased); Appellant: Patrick Munyui Muongi; Respondent: Fredrika Mukonoiri Muchiri
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal (Application) 299 of 2019
- Procedural Posture
- Civil Appeal / Application for Substitution of Deceased Appellant
- Outcome
- Application for substitution allowed.
- Judges
- LK Kimaru
- Legal Topics
- Substitution of Parties, Appeal Procedure, Succession Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Leonard Mwaura Muongi (deceased)
Appellant
Patrick Munyui Muongi
Appellant
Fredrika Mukonoiri Muchiri
Respondent
Procedural Posture
Civil Appeal / Application for Substitution of Deceased Appellant
Legal Issues
- 1 Whether the widow of the deceased 1st appellant should be granted leave to substitute him in the pending appeal.
- 2 Whether the application for substitution was filed within the time stipulated by the Court of Appeal Rules.
Ratio Decidendi
The court found that the application for substitution was properly made by the widow of the deceased 1st appellant, Rahab Waithera Mwaura, who had obtained a limited grant of Letters of Administration Ad Litem. The application was filed within the one-year period required by Rule 102(1) of the Court of Appeal Rules, 2022. As the application was unopposed and all procedural requirements were satisfied, the court granted leave for the substitution of the deceased 1st appellant with his widow in the appeal. No order as to costs was made.
Court Disposition
Application for substitution allowed.
Orders
- Rahab Waithera Mwaura is granted leave to substitute Leonard Mwaura Muongi (deceased) as the 1st appellant in the appeal.
- There shall be no orders as to costs.
Full Case Text
Judgment text and source record
21 paragraphs
Muongi & another v Muchiri (Civil Appeal (Application) 299 of 2019) [2022] KECA 1253 (KLR) (7 November 2022) (Ruling)
Neutral citation: [2022] KECA 1253 (KLR)
Republic of Kenya
In the Court of Appeal at Nairobi
Civil Appeal (Application) 299 of 2019
LK Kimaru, JA
November 7, 2022
Between
Leonard Mwaura Muongi
1st Appellant
Patrick Munyui Muongi
2nd Appellant
and
Fredrika Mukonoiri Muchiri
Respondent
(Being an appeal against the ruling of the High Court of Kenya (W. Musyoka, J.) dated 15th February, 2019inNairobi HC Succession Cause No. 526 of 2006 Succession Cause 526 of 2006 )
Ruling
1. The 1st appellant, Leonard Mwaura Muongi (deceased), died on 28th May, 2020. A death certificate has been annexed to the affidavit in support of the application as proof of the deceased’s death. The deceased’s widow, Rahab Waithera Mwaura obtained limited grant of Letters of Administration Ad Litem issued by the Kiambu Chief Magistrate’s Court in Probate and Administration Cause No. 274 of 2020 on 27th August, 2020.
2. The widow has, pursuant to Rule 102(2) of the Court of Appeal Rules, 2022 made an application to substitute the deceased, 1st appellant in the appeal. The application was filed before this Court on 10th March, 2021. This was within one year stipulated by Rule 102(1) of the Court of Appeal Rules, 2022. The application is unopposed. That being the case, the same is allowed in the following terms:
i)Rahab Waithera Mwaura is hereby granted leave to substitute Leonard Mwaura Muongi (who is deceased), as the 1st appellant in the appeal.ii)There shall be no orders as to costs.
DATED AND DELIVERED AT NAIROBI THIS 7TH DAY OF NOVEMBER, 2022. L. KIMARUJUDGE OF APPEAL...........................................I certify that this is a True copy of the originalSignedDEPUTY REGISTRAR