[2025] KECA 906 (KLR)
The Court found that the application for substitution could not proceed in the absence of proof of service of the motion upon the appellant and the 2nd respondent. Compliance with procedural requirements, specifically service of process, is mandatory before the Court can entertain the application. The matter must...
Source-derived case information.
- Citation
- [2025] KECA 906 (KLR)
- Parties
- Appellant: Jenniffer Muthoni Ngatu; Appellant: Peter Mbatia Gicheru; Respondent: James Kimani Kuria; Respondent: Joseph Kibiru Mbatia; Applicant: Alice Wanjiku Mwaura
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal (Application) E607 of 2024
- Procedural Posture
- Civil Appeal / Application for Substitution of Deceased Respondent
- Outcome
- Application not heard; to be relisted upon proof of service.
- Judges
- F Sichale
- Legal Topics
- Substitution of Parties, Service of Process, Appellate Procedure
- 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
Jenniffer Muthoni Ngatu
Appellant
Peter Mbatia Gicheru
Appellant
James Kimani Kuria
Respondent
Joseph Kibiru Mbatia
Respondent
Alice Wanjiku Mwaura
Applicant
Procedural Posture
Civil Appeal / Application for Substitution of Deceased Respondent
Legal Issues
- 1 Whether the applicant has properly served the motion for substitution on the appellant and the 2nd respondent.
- 2 Whether the application for substitution can proceed in the absence of proof of service.
Ratio Decidendi
The Court found that the application for substitution could not proceed in the absence of proof of service of the motion upon the appellant and the 2nd respondent. Compliance with procedural requirements, specifically service of process, is mandatory before the Court can entertain the application. The matter must therefore be relisted only after the applicant provides proof of service to the relevant parties.
Court Disposition
Application not heard; to be relisted upon proof of service.
Orders
- The motion for substitution is to be relisted afresh by the registry upon proof of service of the motion upon the appellant and the 2nd respondent.
Full Case Text
Judgment text and source record
27 paragraphs
Ngatu & another (Administrators of the Estate of Gicheru Mbatia (Deceased)) v Kuria & another; Mwaura (Applicant) (Civil Appeal (Application) E607 of 2024) [2025] KECA 906 (KLR) (23 May 2025) (Order)
Neutral citation: [2025] KECA 906 (KLR)
Republic of Kenya
In the Court of Appeal at Nairobi
Civil Appeal (Application) E607 of 2024
F Sichale, JA
May 23, 2025
Between
Jenniffer Muthoni Ngatu
1st Appellant
Peter Mbatia Gicheru
2nd Appellant
Administrators of the Estate of Gicheru Mbatia (Deceased)
and
James Kimani Kuria
1st Respondent
Joseph Kibiru Mbatia
2nd Respondent
and
Alice Wanjiku Mwaura
Applicant
(Being an Application for Substitution of the deceased 1st Respondent pursuant to Rule 102 of the Court of Appeal Rules, 2022)
Order
1. Upon this matter coming up for hearing of the applicant’s motion dated 19th February 2025, for substitution of the deceased 1st respondent on 6th May 2025, the Court slated the same for ruling on 23rd May 2025.
2. Upon further perusal of the record, the Court noted that there was no response on the part of the appellant and the 2nd respondent and there was no proof of service of the motion upon the appellant and the 2nd respondent.
3. In view of the above, the motion is to be relisted afresh by the registry upon proof of service of the motion upon the appellant and the 2nd respondent.
MADE AT NAIROBI THIS 23RD DAY OF MAY, 2025. F. SICHALE....................................JUDGE OF APPEALI certify that this is a true copy of the original.SignedDEPUTY REGISTRAR.