[2022] KECA 1218 (KLR)
The court found that the applicants, as duly appointed personal representatives of the deceased Raghbir Singh Sidhu, had provided uncontested evidence of his death and their authority to act. The application for substitution was brought within the statutory period of one year from the date of death, as required by...
Source-derived case information.
- Citation
- [2022] KECA 1218 (KLR)
- Parties
- Applicant: Davinder Kaur Sidhu; Applicant: Sanjeev Patel; Respondent: Geoffrey Tenai; Respondent: Raghbir Singh Sidhu; Respondent: Kipkemboi Arap Koskei; Respondent: Commissioner of Lands; Respondent: The County Land Registrar; Respondent: National Land Commission; Respondent: The Attorney General
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Application 106 of 2019
- Procedural Posture
- Civil Application / Ruling on Application for Substitution of Party
- Outcome
- Application for substitution allowed.
- Judges
- F Tuiyott
- Legal Topics
- Party Substitution, Death of Party, Appeal Procedure, Probate and Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Davinder Kaur Sidhu
Applicant
Sanjeev Patel
Applicant
Geoffrey Tenai
Respondent
Raghbir Singh Sidhu
Respondent
Kipkemboi Arap Koskei
Respondent
Commissioner of Lands
Respondent
The County Land Registrar
Respondent
National Land Commission
Respondent
The Attorney General
Respondent
Procedural Posture
Civil Application / Ruling on Application for Substitution of Party
Legal Issues
- 1 Whether the applicants should be substituted as parties in place of the deceased respondent, Raghbir Singh Sidhu.
- 2 Whether the application for substitution was brought within the prescribed time to prevent abatement of the appeal.
Ratio Decidendi
The court found that the applicants, as duly appointed personal representatives of the deceased Raghbir Singh Sidhu, had provided uncontested evidence of his death and their authority to act. The application for substitution was brought within the statutory period of one year from the date of death, as required by the Court of Appeal Rules. No opposition was filed by any party. Therefore, the requirements for substitution were satisfied, the appeal had not abated, and the application was merited. The court allowed the substitution without making any order as to costs.
Court Disposition
Application for substitution allowed.
Orders
- Davinder Kaur Sidhu and Sanjeev Patel are substituted as parties in place of the deceased Raghbir Singh Sidhu in the appeal.
- No order as to costs.
Full Case Text
Judgment text and source record
34 paragraphs
Sidhu & another (Executors of the Estate of Raghbir Singh Sidhu) v Tenai & 6 others (Civil Application 106 of 2019) [2022] KECA 1218 (KLR) (4 November 2022) (Ruling)
Neutral citation: [2022] KECA 1218 (KLR)
Republic of Kenya
In the Court of Appeal at Kisumu
Civil Application 106 of 2019
F Tuiyott, JA
November 4, 2022
Between
Davinder Kaur Sidhu
1st Applicant
Sanjeev Patel
2nd Applicant
Executors of the Estate of Raghbir Singh Sidhu
and
Geoffrey Tenai
1st Respondent
Raghbir Singh Sidhu
2nd Respondent
Kipkemboi Arap Koskei
3rd Respondent
Commissioner of Lands
4th Respondent
The County Land Registrar
5th Respondent
National Land Commission
6th Respondent
The Attorney General
7th Respondent
(Being an Application to substitute the 1st Respondent, Raghbir Singh Sidhu from the Judgment of the Environment and Land Court of Kenya at Eldoret (A. Ombwayo, J) Dated 21st December, 2019 in Eldoret ELC No. 200 of 2015 Environment & Land Case 200 of 2015 )
Ruling
1. The notice of motion dated June 10, 2022 is for allowing. It seeks that Davinder Kaur Sidhu (Davinder) and Sanjeev Patel (Sanjeev) be made party to this appeal in place of the 1st respondent, Raghbir Singh Sidhu (Raghbir).
2. Raghbir died on April 3, 2021 at 7 Waratah Mews, Hillarys, Western Australia. He was 75 years at the date of his death. Davinder and Sanjeev are personal representatives of his estate, grant of probate of will having issued to them on November 3, 2021 in Eldoret Succession Cause No. 23 of 2021. All these information is in the joint affidavit of Davinder and Sanjeev sworn on June 12, 2022 and is not controverted as no response to the application was filed.
3. The application for substitution is brought within a year of the death of Raghbir and the appeal has not abated (Rule 99 of our Rules (now Rule 102)) and is therefore merited. I allow the notice of motion dated June 10, 2022, no order on costs.
DATED AND DELIVERED AT KISUMU THIS 4TH DAY OF NOVEMBER, 2022. F. TUIYOTT......................................JUDGE OF APPEALI certify that this is atrue copy of the original.SIGNEDDEPUTY REGISTRAR.