[2020] KECA 248 (KLR)
The court found that the applicant, Bernard Baithumbi Kararwa, had demonstrated that the original appellant, Stanley Mbiuki, had died and that he had been issued with a Limited Grant of Representation. No opposition was filed by the respondents despite service. The court was satisfied that the requirements for...
Source-derived case information.
- Citation
- [2020] KECA 248 (KLR)
- Parties
- Applicant: Stanley Mbiuki; Respondent: Director, Land Adjudication; Respondent: Muratha Micheu; Applicant: Bernard Baithumbi Kararwa
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 37 of 2016
- Procedural Posture
- Civil Appeal / Application for Substitution of Appellant Due to Death
- Outcome
- Application for substitution allowed.
- Judges
- AK Murgor
- Legal Topics
- Substitution of Parties, Death of Litigant, Grant of Representation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stanley Mbiuki
Applicant
Director, Land Adjudication
Respondent
Muratha Micheu
Respondent
Bernard Baithumbi Kararwa
Applicant
Procedural Posture
Civil Appeal / Application for Substitution of Appellant Due to Death
Legal Issues
- 1 Whether the appellant, having died, can be substituted by the holder of a Limited Grant of Representation.
- 2 Whether the application for substitution meets the procedural requirements under the Court of Appeal Rules.
Ratio Decidendi
The court found that the applicant, Bernard Baithumbi Kararwa, had demonstrated that the original appellant, Stanley Mbiuki, had died and that he had been issued with a Limited Grant of Representation. No opposition was filed by the respondents despite service. The court was satisfied that the requirements for substitution under the Court of Appeal Rules had been met and therefore allowed the application, granting the order of substitution as sought.
Court Disposition
Application for substitution allowed.
Orders
- The appellant Stanley Mbiuki is substituted with Bernard Baithumbi Kararwa as appellant in the appeal.
- Costs of the application shall abide the outcome of the appeal.
Full Case Text
Judgment text and source record
26 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: MURGOR, J.A. (IN CHAMBERS)
CIVIL APPEAL NO. 37 OF 2016
BETWEEN
STANLEY MBIUKI................................APPLICANT
AND
1. DIRECTOR, LAND ADJUDICATION
2. MURATHA MICHEU.....................RESPONDENTS
(An appeal from the judgment of the High Court of Kenya at Nairobi (W. Korir, J.) dated 19thMarch 2015
in
H.CC. JR No. 37 of 1984)
************************
RULING
This Notice of Motion dated 5th May 2020 expressed to have been made under rule 99(1)(2) and 3 of the Court of Appeal Rules seeks orders, for;
“That the Honourable Court be pleased to substitute the appellant Stanley Mbiuki with Bernard Baithumbi Kararwa.”
The application is premised on the grounds that the appellant died on 27th August 2020 and that a Limited Grant of Representation was issued to Bernand Gaithumbi Kararwa on 2nd January 2020. The application issupported by the affidavit of Bernand Gaithumbi Kararwa sworn on 5thMay 2020.
Notwithstanding that the respondents were served with a Notice of today’s hearing date on 17th October 2020, they have neither filed a replying affidavit nor submissions in respect of the motion.
Nevertheless, given the circumstances of the application, it is allowed and I grant the order of substitution sought. That costs thereof shall abide the outcome of the appeal.
Dated and delivered at Nairobi this 23rdday of October, 2020
A.K. MURGOR
......................................
JUDGE OF APPEAL
I certify that this is a truecopy of the original.
Signed
DEPUTY REGISTRAR