Elizabeth Amaiza v Jackson Sabatia Natse & 3 others [2010] KECA 28 (KLR)
- Court
- Court of Appeal
- Case number
- 28
- Citation
- [2010] KECA 28 (KLR)
- Decided
- 2 December 2010
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for party substitution in an existing appealCoramE.M. GITHINJI
Holding
The application is allowed with costs, as it is not opposed and within the 12-month limitation period.
Facts
The applicant, Elizabeth Amaiza, passed away on October 7, 1979. The applicant's estate was granted letters of administration on March 19, 2010. The applicant, now William Shivachi Miheso, filed an application to be made a party to the appeal in place of the deceased.
Issues
- Whether the applicant can be substituted as a party in the appeal due to the death of the original respondent
Reasoning
The court is satisfied that the application is competent and within the time limit, and the deceased and the applicant are the same person.
Outcome
The application is allowed
Orders
- William Shivachi Miheso, the administrator of the estate of Elizabeth Amaiza (deceased), is made a party to the appeal in place of the deceased
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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