[2001] KECA 166 (KLR)
The court held that it is untenable for an applicant to seek substitution as a party in an appeal when the grant of letters of administration and the limited grant relied upon bear names that are completely different from those in the appeal. The mismatch in names between the documents and the appeal undermines the...
Source-derived case information.
- Citation
- [2001] KECA 166 (KLR)
- Parties
- Appellant: Peter Macharia; Respondent: The Attorney General; Respondent: Kipsinende Farm Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 282 of 1998
- Procedural Posture
- Civil Appeal / Ruling on Interlocutory Application
- Outcome
- application dismissed
- Legal Topics
- Substitution of Parties, Letters of Administration, Supplementary Affidavit, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Macharia
Appellant
The Attorney General
Respondent
Kipsinende Farm Limited
Respondent
Procedural Posture
Civil Appeal / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the applicant can be substituted as a party in place of the deceased when the names in the grant of letters of administration do not match the names in the appeal.
- 2 Whether reliance on documents with different names from those in the appeal is tenable for purposes of substitution.
Ratio Decidendi
The court held that it is untenable for an applicant to seek substitution as a party in an appeal when the grant of letters of administration and the limited grant relied upon bear names that are completely different from those in the appeal. The mismatch in names between the documents and the appeal undermines the legitimacy of the application for substitution. Consequently, the court declined to grant the orders sought in the application, emphasizing that proper correspondence of names is a prerequisite for substitution under the Civil Procedure Rules.
Court Disposition
application dismissed
Orders
- The application dated February 19, 2001 is dismissed.
- The respondent is awarded the costs of the application.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL
AT NAKURU
CORAM: KEIWUA J.A (IN CHAMBERS)
CIVIL APPEAL NO. 282 OF 1998
BETWEEN
PETER MACHARIA .................................... APPELLANT AND THE ATTORNEY GENERAL) KIPSINENDE FARM LIMITED ) .........................RESPONDENTS
(Appeal against the Ruling of the High Court of Kenya at
Nakuru(Mr. Justice Rimita) dated 14th July, 1998
in
H.C.C NO. 278 OF 1996)
********** R U L I N G
In my first ruling in this application on the informal application of the applicant to file a supplementary affidavit, I drew attention to the fact that the applicant conceded that both the grant of letters of administration and the limited grant have an additional name which is not in the appeal which the applicant seeks her name to be substituted in place of the deceased.
In my judgment that is an untenable situation where the applicant relies on documents made in names completely different from the names in the appeal the applicant seeks to be allowed to take over. I therefore decline to grant the orders sought in the application dated February 19, 2001. The respondent to have the costs of that application.
Dated and delivered at Nakuru on September 25, 2001.
M. OLE KEIWUA ............. JUDGE OF APPEAL