In re Estate of Kanampiu Kabiru (Deceased) (Civil Appeal (Application) 97 of 2017) [2022] KECA 1137 (KLR) (18 October 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 1137
- Citation
- [2022] KECA 1137 (KLR)
- Decided
- 18 October 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for substitution of Respondent in Civil AppealCoramLK KIMARU, Limo
Holding
Harriet Muthoni Mugambi is allowed to substitute Alice Kathure Justus as the Respondent in the Civil Appeal.
Facts
Alice Kathure Justus, a Respondent in the Civil Appeal, died on 15th July, 2021. Harriet Muthoni Mugambi filed an application to substitute Justus as the Respondent.
Issues
- Whether Harriet Muthoni Mugambi is entitled to substitute Alice Kathure Justus as the Respondent in the Civil Appeal.
- Whether the Court has the discretion to revive the appeal and substitute the personal representative of the deceased who was a party to the Appeal.
Reasoning
The Court is persuaded that the application is merited and grants the substitution, as Rule 102 (3) of the Court of Appeal Rules 2022 grants the Court discretion to revive the appeal and substitute the personal representative of the deceased who was a party to the Appeal.
Outcome
Allowed
Orders
- Harriet Muthoni Mugambi is substituted as the Respondent in the Civil Appeal.
- There shall be no orders as to 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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