[2022] KECA 456 (KLR)
The court found that Joshua Mwenda Ikiara, having obtained a Limited Grant of Letters of Administration Ad Litem for the deceased respondent, was entitled to be substituted as respondent in the appeal. The application, though erroneously brought under Rule 96 instead of Rule 99 of the Court of Appeal Rules, was...
Source-derived case information.
- Citation
- [2022] KECA 456 (KLR)
- Parties
- Applicant: Daniel Muthuri; Applicant: Benson Kinoti; Respondent: M’Ikiara Karigi; Respondent: Joshua Mwenda Ikiara
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Civil Application 126 of 2019
- Procedural Posture
- Civil Application / Ruling on Application for Substitution of Deceased Respondent
- Outcome
- application allowed
- Judges
- KI Laibuta
- Legal Topics
- Substitution of Parties, Death of Respondent, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Muthuri
Applicant
Benson Kinoti
Applicant
M’Ikiara Karigi
Respondent
Joshua Mwenda Ikiara
Respondent
Procedural Posture
Civil Application / Ruling on Application for Substitution of Deceased Respondent
Legal Issues
- 1 Whether Joshua Mwenda Ikiara should be substituted as respondent in place of the deceased M’Ikiara Karigi.
- 2 Whether the application for substitution is properly before the court despite being brought under the wrong rule.
Ratio Decidendi
The court found that Joshua Mwenda Ikiara, having obtained a Limited Grant of Letters of Administration Ad Litem for the deceased respondent, was entitled to be substituted as respondent in the appeal. The application, though erroneously brought under Rule 96 instead of Rule 99 of the Court of Appeal Rules, was supported by all necessary documentation, including the death certificate and grant of representation. The application was unopposed, and the court determined that the interests of justice required allowing the substitution to enable the appeal to proceed. The court exercised its discretion to allow the application under the correct rule and made no order as to costs.
Court Disposition
application allowed
Orders
- Joshua Mwenda Ikiara is substituted as respondent in place of the deceased M’Ikiara Karigi.
- No order as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
Muthuri & another v Karigi (Civil Application 126 of 2019) [2022] KECA 456 (KLR) (18 March 2022) (Ruling)
Neutral citation: [2022] KECA 456 (KLR)
Republic of Kenya
In the Court of Appeal at Nyeri
Civil Application 126 of 2019
K.I Laibuta, JA
March 18, 2022
Between
Daniel Muthuri
1st Applicant
Benson Kinoti
2nd Applicant
and
M’Ikiara Karigi
Respondent
(Being an application to Substitute for the Respondent in an appeal against the Ruling of the Environment and Land Court at Meru (Lucy N. Mbugua, J.) delivered on 3rd October 2018 in Environment and Land Court Case No. 77 of 2004)
Ruling
1. By a Notice of Motion dated 19th October 2021 and erroneously made under Rule 96 of the Court of Appeal Rules(which relates to withdrawal of appeal), Joshua Mwenda Ikiara prays for: an order allowing him to substitute for the deceased respondent, who died on 26th June 2021, and proceed with this appeal; an order that Joshua Mwenda Ikiara be made a party hereto; and that costs of his application be in the cause.
2. Having read Joshua Mwenda Ikiara’s Motion and the grounds on which it is made, his supporting affidavit sworn on 19th October 2021, the annexed certificate of death of M’Ikiara Karigi (the respondent herein), the Limited Grant of Letters of Administration Ad Litem issued to Joshua Mwenda Ikiara on 26th August 2021 and appreciate their self-explanatory contents; and having considered the written submissions of learned counsel for the respondent; and having further noted that Joshua Mwenda Ikiara’s Motion is not opposed, The Notice of Motion dated 19th October 2021 is hereby allowed in accordance with Rule 99 of the Court of Appeal Rules. There be no orders as to costs.
DATED AND DELIVERED AT NAIROBI THIS 18THDAY OF MARCH, 2022DR. K. I. LAIBUTA.....................................JUDGE OF APPEALI certify that this is a true copy of the originalSignedDEPUTY REGISTRAR