https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3005
Because the original applicant died after judgment and decree had been issued in his favour, and the applicant had obtained a limited grant of letters of administration ad litem, the court held that execution could properly continue through substitution under Order 24 Rule 10; the application was therefore allowed.
Source-derived case information.
- Citation
- [2026] KEELC 3005 (KLR)
- Parties
- Applicant (original/deceased): Raphael Beda Wanyama; Respondent: Wycliffe Bwire Khayoko; Applicant (substitution/execution): Marygrace Ojiro Wanyama
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Case 63 of 2019
- Procedural Posture
- Environment and Land Court Ruling on Substitution for Execution After Judgment and Decree / Post Judgment Execution/substitution Application
- Outcome
- Application allowed; substitution granted.
- Judges
- ["L Waithaka"]
- Legal Topics
- Substitution of Deceased Judgment Creditor, Execution of Decree After Death of Decree Holder, Adverse Possession, Limited Grant Ad Litem, Order 24 Rule 10 Civil Procedure Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Raphael Beda Wanyama
Applicant (original/deceased)
Wycliffe Bwire Khayoko
Respondent
Marygrace Ojiro Wanyama
Applicant (substitution/execution)
Procedural Posture
Environment and Land Court Ruling on Substitution for Execution After Judgment and Decree / Post Judgment Execution/substitution Application
Legal Issues
- 1 Whether the applicant could be substituted for the deceased original applicant to enable execution of the decree.
- 2 Whether death of a decree holder after judgment and decree abates execution proceedings.
- 3 Whether the limited grant of letters of administration ad litem was sufficient for the application.
Ratio Decidendi
Because the original applicant died after judgment and decree had been issued in his favour, and the applicant had obtained a limited grant of letters of administration ad litem, the court held that execution could properly continue through substitution under Order 24 Rule 10; the application was therefore allowed.
Court Disposition
Application allowed; substitution granted.
Orders
- Marygrace Ojiro Wanyama substituted in place of Raphael Beda Wanyama for purposes of execution of the decree.
- Notice of Motion dated 13th November 2025 granted as prayed.
Full Case Text
Judgment text and source record
1 paragraphs
Wanyama v Khayoko & another (Environment and Land Case 63 of 2019) [2026] KEELC 3005 (KLR) (20 May 2026) (Ruling) Neutral citation: [2026] KEELC 3005 (KLR) Republic of Kenya In the Environment and Land Court at Busia Environment and Land Case 63 of 2019 L Waithaka, J May 20, 2026 IN THE MATTER OF AN APLICATION FOR DECLARATION OF OWNERSHIP OF PART OF BUNYALA/BUKOMA/260 BY ADVERSE POSSESSION Between raphael Beda Wanyama Applicant and Wycliffe Bwire Khayoko Respondent and Marygrace Ojiro Wanyama Applicant Ruling 1.Vide a Notice of Motion dated 13th November 2025, Marygrace Ojiro Wanyama, who is the applicant herein, seeks to be substituted with the original applicant, Raphael Beda Wanyama, who passed on during the pendency of this suit but after a judgment and a decree had been issued in his favour. 2.The applicant seeks to be substituted in this suit in place of the original applicant for the purpose of execution of the decree issued in favour of the original applicant, Raphael Beda Wanyama, who died on 16th September 2023 before the decree issued in his favour was executed. 3.For purposes of the relief/order sought, the applicant has applied for and obtained a limited grant of letters administration of the Estate of the original aplicant, Raphael Beda Wanyama. 4.The application is unoppsed. 5.I have read and considered the circumstances that led to the filing of the instant application and the applicable law namely Order 24 Rule 10 of the Civil Procedure Rules. I have also read the case of Rutto v Kugu; Keter (Applicant) (Environment & Land Case 123 of 2012) (2024) KEELC 4044 (KLR) (20 May 2024) (Ruling) where the principles that undergird an application like the instant one were discussed/espoused. In the aforsaid case, the court inter alia stated/held:-“...Order 24 Rule 10 comes in to clarify the procedure after an order or decree is made in a matter and is being executed. It expressly excludes the procedure and abatement where either of the parties dies after a decree or order being executed is made...A decree or order does not abate upon the death of a decree holder or judgment debtor. Its execution is only subject to the law of limitation of actions. As long as there is a decree against the defendant who passed away at a date a year before the alleged abatement, the decree is firmly against the Estate. All that the plaintiff needs or needed to do was, as soon as the administrator of his estate was appointed, to apply to substitute him or her and execute the decree accordingly...”. 6.In the instant application, the applicant has obtained a limited grant of letters administration ad litem in respect of the estate of the deceased plaintiff allowing her to file and prosecute a suit, which I read to mean pursue the pending execution proceedings. 7.In the circumstances, I am satisfied that the applicant has made up a case for being granted the orders sought, which I hereby grant her as sought in the notice of motion dated 13th November 2025. 8.Orders accordingly. RULING DATED, SIGNED AND DELIVERED AT BUSIA THIS 20TH DAY OF MAY, 2026L. N. WAITHAKAJUDGEIn the presence of;-Ms. Juma h/b for Mr J V Juma for the ApplicantN/A for the RespondentCourt Assistant: Tracy