[2024] KEHC 12033 (KLR)
The court found that the appeal abated on 21.2.2024, one year after the death of the appellant, as no application for substitution was made within the prescribed period and no leave was sought to extend the limitation period prior to the current application. The court emphasized that it is not its duty to...
Source-derived case information.
- Citation
- [2024] KEHC 12033 (KLR)
- Parties
- Appellant: Monica Aduda Sule; Respondent: Duncan Otieno Juma; Respondent: Gowdensia Awino Juma
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 97 of 2019
- Procedural Posture
- Civil Appeal / Ruling on Application for Substitution After Abatement
- Outcome
- application dismissed; appeal abated; file closed
- Judges
- MS Shariff
- Legal Topics
- Abatement of Appeal, Substitution of Parties, Limitation Periods
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Monica Aduda Sule
Appellant
Duncan Otieno Juma
Respondent
Gowdensia Awino Juma
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Substitution After Abatement
Legal Issues
- 1 Whether the appeal could be revived or substitution allowed after abatement due to the lapse of one year following the death of the appellant.
- 2 Whether leave to extend the limitation period for substitution was sought prior to the application.
Ratio Decidendi
The court found that the appeal abated on 21.2.2024, one year after the death of the appellant, as no application for substitution was made within the prescribed period and no leave was sought to extend the limitation period prior to the current application. The court emphasized that it is not its duty to accommodate lapses of parties in observing procedural requirements. Consequently, there was no substratum for substitution, and the application was disallowed.
Court Disposition
application dismissed; appeal abated; file closed
Orders
- The application for substitution is disallowed.
- No orders as to costs.
Full Case Text
Judgment text and source record
23 paragraphs
Sule v Juma & another (Civil Appeal 97 of 2019) [2024] KEHC 12033 (KLR) (1 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12033 (KLR)
Republic of Kenya
In the High Court at Kisumu
Civil Appeal 97 of 2019
MS Shariff, J
October 1, 2024
Between
Monica Aduda Sule
Appellant
and
Duncan Otieno Juma
1st Respondent
Gowdensia Awino Juma
2nd Respondent
Ruling
1. I have considered the notice of motion dated 8. 7.2024, the supporting affidavit of John Omolo Bodo of even date and the enclosures. I have also considered the rival submissions of parties and I have to agree with Ms. Omondi that time lapsed one year after the death of the Appellant on 21. 2.2023. No leave was sought to extend the limitation period prior to the filing of this application.
2. It has been submitted by the Appellant’s Counsel that an earlier application for substitution had been dismissed for want of a grant of letters of administration on the part of the Applicant.
3. It is not the duty of this court to accommodate lapses of parties.
4. This appeal abated on 21. 2.2024 wherefore there is no substratum to enable substitution of the Appellant.
5. This application is thus disallowed with no orders as to costs.
6. This file is marked as closed.
DELIVERED, DATED AND SIGNED AT KISUMU THIS 1ST DAY OF OCTOBER, 2024. M. S. SHARIFFJUDGE