[2004] KEHC 2275 (KLR)
The court found that it had the statutory power to enlarge the time for substitution of a legal representative in an appeal under Section 95 of the Civil Procedure Act and the relevant provisions of the Civil Procedure Rules. The applicant demonstrated sufficient cause, namely that the current administrator was too...
Source-derived case information.
- Citation
- [2004] KEHC 2275 (KLR)
- Parties
- Appellant: Mwangi Njangu; Respondent: Meshack Mbogo Wambugu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 239 of 1990
- Procedural Posture
- Civil Appeal / Ruling on Application to Enlarge Time for Substitution of Legal Representative
- Outcome
- application allowed
- Judges
- ARM Visram
- Legal Topics
- Enlargement of Time, Substitution of Legal Representative, Abatement and Revival of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Mwangi Njangu
Appellant
Meshack Mbogo Wambugu
Respondent
Procedural Posture
Civil Appeal / Ruling on Application to Enlarge Time for Substitution of Legal Representative
Legal Issues
- 1 Whether the court should enlarge the time limited for substitution of the legal representative in the appeal.
- 2 Whether Damaris Wanjugu Mwangi should be appointed as the legal representative to assume conduct of the appeal.
Ratio Decidendi
The court found that it had the statutory power to enlarge the time for substitution of a legal representative in an appeal under Section 95 of the Civil Procedure Act and the relevant provisions of the Civil Procedure Rules. The applicant demonstrated sufficient cause, namely that the current administrator was too old and sick to continue with the appeal, and there was no opposition to the application. The court exercised its discretion to allow the application as prayed, thereby permitting the substitution of Damaris Wanjugu Mwangi as the legal representative for the purposes of the appeal and enlarging the time for such substitution. Costs were awarded to the respondent.
Court Disposition
application allowed
Orders
- Time for substitution of legal representative in the appeal is enlarged.
- Damaris Wanjugu Mwangi is appointed as the legal representative to assume conduct of the appeal.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI
civ app 239 of 90
MWANGI NJANGU ……………………...……………….. APPELLANT
VERSUS
MESHACK MBOGO WAMBUGU ……………….…… RESPONDENT
RULING
This is an application under Order 23 Rule 12 and Order 49 rule 5 of the Civil Procedure Rules to enlarge the time limited for the substitution of the legal representative and for the appointment of Damaris Wanjugu Mwangi as the legal representative for the purposes of assuming the conduct of this appeal.
It is supported by the affidavit of the said Damaris who has deponed that her mother who was appointed the Administrator of her father’s estate is too old and sick to continue with this appeal, and therefore, wants her to take over its conduct.
The application is not opposed. Section 95 of the Civil Procedure Act gives this Court the power to enlarge time, and Order 23 Rule 8 (2) of the Civil Procedure Rules gives the applicant a right to apply for a renewal of an abated suit and also power to court to revive an abated suit on terms as the Court may think fit. (See also Vyatu Ltd. vs Public Trustee, Nyanza Province (C. A. 218 of 2003, Nairobi).
The application dated August 29, 2003 is, therefore, allowed as prayed with costs to the Respondent.
Dated and delivered at Nairobi this 21st day of April, 2004.
ALNASHIR VISRAM
JUDGE