[2025] KECA 397 (KLR)
The court found that the application for substitution of the deceased respondent with Japhet Kirimi M’Rinkanya was res judicata because the High Court had already granted the same order in a previous application involving the same parties and subject matter. The applicant, acting in person, had already obtained the...
Source-derived case information.
- Citation
- [2025] KECA 397 (KLR)
- Parties
- Appellant: Gikunda Rinkanya; Respondent: Gladys Kathuni; Respondent: Japhet Kirimi M’Rinkanya
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 286 of 2019
- Procedural Posture
- Civil Appeal / Ruling on Substitution Application
- Outcome
- application dismissed
- Judges
- W Karanja
- Legal Topics
- Substitution of Parties, Res Judicata, Appeal 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
Gikunda Rinkanya
Appellant
Gladys Kathuni
Respondent
Japhet Kirimi M’Rinkanya
Respondent
Procedural Posture
Civil Appeal / Ruling on Substitution Application
Legal Issues
- 1 Whether Japhet Kirimi M’Rinkanya should be substituted as respondent in place of the deceased Gladys Kathuni M’Rinkanya.
- 2 Whether the application for substitution is res judicata.
Ratio Decidendi
The court found that the application for substitution of the deceased respondent with Japhet Kirimi M’Rinkanya was res judicata because the High Court had already granted the same order in a previous application involving the same parties and subject matter. The applicant, acting in person, had already obtained the relief sought, and there was no legal basis to grant the same order again. The court emphasized that the principle of res judicata bars re-litigation of matters that have been conclusively determined by a competent court. Consequently, the application was dismissed as an abuse of the court process.
Court Disposition
application dismissed
Orders
- The application is dismissed as res judicata.
- There is no order as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
Rinkanya v Kathuni (Civil Appeal 286 of 2019) [2025] KECA 397 (KLR) (14 February 2025) (Ruling)
Neutral citation: [2025] KECA 397 (KLR)
Republic of Kenya
In the Court of Appeal at Nyeri
Civil Appeal 286 of 2019
W Karanja, JA
February 14, 2025
Between
Gikunda Rinkanya
Appellant
and
Gladys Kathuni
Respondent
(Being an application for submission in appointment of Japhet Kirimi M’Rinkanya as respondent in Civil Appeal No. 286 of 2019 as the legal representative of the estate of Gladys Kathuni M’Rinkanya in Succession Cause No. 182 of 1984)
Ruling
1. The appellant has moved the Court vide a notice of motion dated 25th May, 2023 seeking in the main an order that Japhet Kirimi M’Rinkanya be allowed as a respondent in Civil Appeal No. 286 of 2019 as the legal representative of the Estate of the Late Gladys Kathuni M’Rinkanya (deceased).
2. The Application is expressed to be predicated on Rule 5(2)(b) of the Court of Appeal Rules which is nonetheless not applicable to the prayer sought. I would have dismissed this application on that ground, but as the same is drawn by the applicant in person, who from the record before me appear to be elderly, I will determine it on merit.
3. My understanding of the application is that one Japhet Kirimi should be allowed to substitute Gladys Kathuni who died in 2019. I have nonetheless seen on record an order issued by the High Court (Edward Muriithi) where the court gave orders allowing the substitution of Gladys Kathuni (deceased) with Japhet Kirimi M’Rinkanya which is the same order the applicant herein seeks. In fact, he was the applicant in that application.
4. The orders sought in this application were the same orders sought in the application before Judge Murithi, which order was granted. This application is therefore res judicata and the same is hereby dismissed with no order as to costs.
DATED AND DELIVERED AT NYERI THIS 14TH DAY OF FEBRUARY, 2025. W. KARANJA..........................JUDGE OF APPEALI certify that this is a true copy of the original.SignedDEPUTY REGISTRAR