Mary Wanjiru Njuguna v Hezekiah Mathara [2010] KECA 278 (KLR)
- Court
- Court of Appeal
- Case number
- 278
- Citation
- [2010] KECA 278 (KLR)
- Decided
- 21 May 2010
The appeal abated at the end of twelve months of the death of the deceased appellant, because rule 96(2) of the Court's Rules says so. The application is hereby ordered dismissed with no order for costs.
Facts
The deceased, Hezekiah Mathara, died on 6th July, 2008. Mary Wanjiku Njuguna, the legal representative of the deceased, filed an application for leave to substitute the deceased in an ongoing appeal.
Issues
- Whether the appeal should be allowed to proceed with the deceased's legal representative as the appellant.
- Whether the appeal has abated due to the death of the deceased before the application was filed.
Reasoning
The Court ruled that the appeal abated due to the death of the deceased appellant before the application for substitution was filed, as per Rule 96(2) of the Court's Rules, which states that an appeal shall abate if no application is made within 12 months from the date of death of the appellant.
Outcome
Application dismissed with no order for costs
Orders
- The application for leave to substitute the deceased appellant with her legal representative was dismissed.
- The appeal has abated due to the death of the deceased appellant before the application was filed.
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Law of Succession Act
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