Susan Wamaitha & another v Mary Njeri Kimani & another [2015] KECA 325 (KLR)
- Court
- Court of Appeal
- Case number
- 325
- Citation
- [2015] KECA 325 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for substitution of the deceased applicant in the intended appealCoramG. B. M. KARIUKI, F. SICHALE, S. ole KANTAI
Holding
The court allows the application for substitution and grants the order for substitution as prayed in the notice of motion.
Facts
Susan Wamaitha is the daughter of the late Naomi Njoki Kimani, who died on March 4, 2014. Naomi Njoki Kimani had given a notice of appeal against a ruling by Kalpana Rawal, J, in Succession Cause No.2165 of 1996. The deceased had also applied for a stay of execution of the ruling pending the appeal.
Issues
- Whether Susan Wamaitha can be substituted as the applicant in the appeal
- Whether the application for stay of execution abated due to the death of the deceased
Reasoning
The court is satisfied that this is a proper case for making an order for substitution as prayed. The application for stay of execution abated due to the death of the deceased, but the court can make an order for substitution.
Outcome
The court allows the application for substitution.
Orders
- Order for substitution of Susan Wamaitha as the applicant in the appeal
Remedies
- Each party shall bear its own costs
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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