[2014] KEHC 2484 (KLR)
The court allowed the application for substitution because it was unopposed and properly before the court. The applicant was appointed as the legal representative of the deceased appellant, and costs were ordered to be in the cause.
Source-derived case information.
- Citation
- [2014] KEHC 2484 (KLR)
- Parties
- Appellant: Nyaga Muchiri; Appellant: Grace Nguru Muchiri; Respondent: Thomas Njiru Kanyunga; Respondent: Micheru Kanyugu
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 109 of 2008
- Procedural Posture
- Civil Appeal / Ruling on Application for Substitution of Deceased Appellant
- Outcome
- Application allowed; applicant appointed as legal representative of deceased appellant; costs in the cause.
- Judges
- FM Njoroge
- Legal Topics
- Substitution of Parties, Legal Representative Appointment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nyaga Muchiri
Appellant
Grace Nguru Muchiri
Appellant
Thomas Njiru Kanyunga
Respondent
Micheru Kanyugu
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Substitution of Deceased Appellant
Legal Issues
- 1 Whether the applicant should be appointed as the legal representative of the deceased appellant.
- 2 Whether costs should be in the cause.
Ratio Decidendi
The court allowed the application for substitution because it was unopposed and properly before the court. The applicant was appointed as the legal representative of the deceased appellant, and costs were ordered to be in the cause.
Court Disposition
Application allowed; applicant appointed as legal representative of deceased appellant; costs in the cause.
Orders
- The applicant is appointed as the legal representative of the deceased appellant.
- Costs for and incidental to this application shall be costs in the cause.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL APPEAL NO. 109 OF 2008
NYAGA MUCHIRI.............................................................................1ST APPELANT
GRACE NGURU MUCHIRI...........................................................2ND APPELANT
VERSUS
THOMAS NJIRU KANYUNGA.................................................1ST RESPONDENT
MICHERU KANYUGU..............................................................2ND RESPONDENT
R U L I N G
This application by way of Chamber Summons is dated 21. 5.2010 and seeks orders:
That this honourable Court be pleased to appoint the applicant as the legal representative of the deceased appellant.
That costs for and incidental to this application be costs in the cause.
When the application was heard on 19. 6.2013, it was not opposed. In the circumstances, I allow the application.
It is so ordered.
Delivered in Open Court at Meru this 19th day of June, 2014 in the presence of:
Cc. Daniel
B. G. Kariuki for Applicants
C. I. Mugo for respondents – absent
P. M. NJOROGE
JUDGE