[2025] KECA 882 (KLR)

[2025] KECA 882 (KLR)

The court allowed the application for substitution based on the mutual consent of both parties, as evidenced by the signed consent letter from their respective advocates. The court recognized that under the Civil Procedure Rules, substitution of a deceased party with the administrator of their estate is permissible,...

Source-derived case information.

Citation
[2025] KECA 882 (KLR)
Parties
Appellant: Elizabeth Kamene Ndolo; Respondent: Muema Kitulu & 8 others
Court
Court of Appeal
Court Station
Court of Appeal at Nairobi
Jurisdiction
Kenya
Case Number
Civil Appeal (Application) E610 of 2024
Procedural Posture
Civil Appeal / Application for Substitution of Deceased Appellant
Outcome
Application for substitution allowed by consent; deceased appellant substituted; each party to bear its own costs.
Judges
F Sichale
Legal Topics
Substitution of Parties, Death of Litigant, Consent Orders
Source Language
en
Civil Procedure Substitution of Parties Death of Litigant Consent Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

Elizabeth Kamene Ndolo

Appellant

Muema Kitulu & 8 others

Respondent

Procedural Posture

Civil Appeal / Application for Substitution of Deceased Appellant

Legal Issues

  1. 1 Whether the deceased appellant should be substituted by the administrator of her estate.
  2. 2 Whether the consent of both parties is sufficient to allow the application for substitution.
  3. 3 Who should bear the costs of the application.

Ratio Decidendi

The court allowed the application for substitution based on the mutual consent of both parties, as evidenced by the signed consent letter from their respective advocates. The court recognized that under the Civil Procedure Rules, substitution of a deceased party with the administrator of their estate is permissible, particularly where there is no opposition. The consent of the parties was deemed sufficient for the court to adopt the terms as its order. Each party was ordered to bear its own costs, reflecting the agreement reached between them.

Court Disposition

Application for substitution allowed by consent; deceased appellant substituted; each party to bear its own costs.

Orders

  • The application dated 10th January, 2025 is allowed.
  • Elizabeth Kamene Ndolo (deceased) is substituted with Andrew Ndola Ndolo, the Administrator of her Estate.