[2023] KEELC 20827 (KLR)
The court found that it was not contested that the respondent, Charles Ombuna, was deceased and that the applicants had been duly appointed as administrators ad litem of his estate. Order 24 of the Civil Procedure Rules, which governs substitution of parties upon death, applies equally to appeals. The applicants,...
Source-derived case information.
- Citation
- [2023] KEELC 20827 (KLR)
- Parties
- Appellant: Nicholas Onyoni Omare; Respondent: Charles Ombuna; Applicant: Hellen Ombuna; Applicant: Mary Ombuna Nyangara
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 3 of 2022
- Procedural Posture
- Environment and Land Appeal / Ruling on Application for Substitution of Deceased Respondent
- Outcome
- Application for substitution allowed.
- Judges
- M Sila
- Legal Topics
- Substitution of Parties, Appeals Procedure, Letters of Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nicholas Onyoni Omare
Appellant
Charles Ombuna
Respondent
Hellen Ombuna
Applicant
Mary Ombuna Nyangara
Applicant
Procedural Posture
Environment and Land Appeal / Ruling on Application for Substitution of Deceased Respondent
Legal Issues
- 1 Whether the applicants should be substituted for the deceased respondent in the appeal.
- 2 Whether the grant of letters of administration ad litem entitles the applicants to proceed with the appeal.
Ratio Decidendi
The court found that it was not contested that the respondent, Charles Ombuna, was deceased and that the applicants had been duly appointed as administrators ad litem of his estate. Order 24 of the Civil Procedure Rules, which governs substitution of parties upon death, applies equally to appeals. The applicants, having produced the grant of letters of administration ad litem, were entitled to be substituted for the deceased respondent in order to proceed with the appeal. There was no opposition to the application, and the court saw no reason to deny the substitution. The application was therefore allowed, and the applicants were ordered to be substituted for the deceased respondent for...
Court Disposition
Application for substitution allowed.
Orders
- Hellen Ombuna and Mary Ombuna Nyangara are substituted for Charles Ombuna as respondents in this appeal.
- No amendment of pleadings is required.
Full Case Text
Judgment text and source record
25 paragraphs
Omare v Ombuna; Ombuna & another (Applicant) (Environment and Land Appeal 3 of 2022) [2023] KEELC 20827 (KLR) (18 October 2023) (Ruling)
Neutral citation: [2023] KEELC 20827 (KLR)
Republic of Kenya
In the Environment and Land Court at Kisii
Environment and Land Appeal 3 of 2022
M Sila, J
October 18, 2023
Between
Nicholas Onyoni Omare
Appellant
and
Charles Ombuna
Respondent
and
Hellen Ombuna
Applicant
Mary Ombuna Nyangara
Applicant
Ruling
1. The application before me is that dated 26 July 2023 filed by Hellen Ombuna and Mary Ombuna Nyangara. They seek orders to substitute Charles Ombuna, the respondent in this appeal, on the ground that he is now deceased. The supporting affidavit is sworn by the 1st applicant who avers to be the wife of the deceased. She has annexed the grant of letters of administration ad litem. The application is not opposed.
2. I have considered the application. It is not in contest that the respondent is deceased. I have seen the grant of letters of administration ad litem and the same shows that Hellen Ombuna and Mary Ombuna Nyangara have been appointed as administrators ad litem of the estate of the respondent so as to proceed with this appeal.
3. Order 24 of the Civil Procedure Rules relates to substitution, and the provisions thereof, which apply to plaintiff and defendant, also apply to appeals as pronounced in Order 24 Rule 9.
4. Given that position, I have no reason not to allow this application and I proceed to allow it. I order the applicants to be substituted for Charles Ombuna for purposes of this appeal. There is no need for any amendment of pleadings.
5. Orders accordingly.
DATED AND DELIVERED AT KISII THIS 18 DAY OF OCTOBER 2023JUSTICE MUNYAO SILAJUDGE, ENVIRONMENT AND LAND COURTAT KISII