[2025] KEELC 5044 (KLR)

[2025] KEELC 5044 (KLR)

The court found that the applicant, Momento Onyango Rapemo, had established sufficient grounds for substitution as the legal representative of the deceased appellant, Fleria Opiyo Rapemo. The application was made within the statutory one-year period following the appellant's death, as required by Order 24 Rule 3 of the Civil Procedure Rules. The applicant produced valid Letters of Administration ad litem, which the court found properly referred to the deceased, despite minor typographical discrepancies in the supporting documents. The respondent's objections regarding bad faith and alleged discrepancies in the Letters of Administration and death certificate were dismissed as unfounded....

Citation
[2025] KEELC 5044 (KLR)
Parties
Appellant: Fleria Opiyo Rapemo; Respondent: Kenneth Ouko Orech; Applicant: Momento Onyango Rapemo
Court
Environment and Land Court
Court Station
Environment and Land Court at Homa Bay
Jurisdiction
Kenya
Judgment Date
11 June 2025
Case Number
Environment and Land Appeal E015 of 2024
Procedural Posture
Environment and Land Appeal / Ruling on Substitution Application
Outcome
application for substitution allowed
Judges
FO Nyagaka
Legal Topics
Substitution of Parties, Letters of Administration, Abatement of Suit, Appeals Procedure
Source Language
English
Civil Procedure Land and Property Substitution of Parties Letters of Administration Abatement of Suit Appeals Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Fleria Opiyo Rapemo

Appellant

Kenneth Ouko Orech

Respondent

Momento Onyango Rapemo

Applicant

Procedural Posture

Environment and Land Appeal / Ruling on Substitution Application

Legal Issues

  1. 1 Whether the applicant should be substituted for the deceased appellant as personal representative of the estate.
  2. 2 Whether the application for substitution was made within the statutory time limit.
  3. 3 Whether the Letters of Administration ad litem properly refer to the deceased appellant.

Ratio Decidendi

The court found that the applicant, Momento Onyango Rapemo, had established sufficient grounds for substitution as the legal representative of the deceased appellant, Fleria Opiyo Rapemo. The application was made within the statutory one-year period following the appellant's death, as required by Order 24 Rule 3 of the Civil Procedure Rules. The applicant produced valid Letters of Administration ad litem, which the court found properly referred to the deceased, despite minor typographical discrepancies in the supporting documents. The respondent's objections regarding bad faith and alleged discrepancies in the Letters of Administration and death certificate were dismissed as unfounded....

Court Disposition

application for substitution allowed

Orders

  • Applicant Momento Onyango Rapemo is substituted as appellant in place of the deceased Fleria Opiyo Rapemo.
  • Applicant granted leave to amend the Memorandum of Appeal within fourteen (14) days and serve.