Kanampiu & 2 others v Justus; Mugambi (Intended Respondent) (Civil Appeal (Application) 97 of 2017) [2022] KECA 1157 (KLR) (18 October 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 1157
- Citation
- [2022] KECA 1157 (KLR)
- Decided
- 18 October 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for substitution of deceased respondentCoramLK KIMARU
Holding
The Court of Appeal allows the application to substitute Harriet Muthoni Mugambi as the respondent in the appeal.
Facts
Alice Kathure Justus, deceased, was a respondent in a previous High Court appeal. She died on July 15, 2021, and her daughter, Harriet Muthoni Mugambi, seeks to substitute her as the respondent in the current appeal.
Issues
- Whether the Court of Appeal has the discretion to revive the appeal and substitute the personal representative of the deceased respondent
Reasoning
The Court of Appeal grants the application under Rule 102(3) of the Court of Appeal Rules 2022, which grants discretion to revive the appeal and substitute the personal representative of the deceased respondent who was a party to the appeal.
Outcome
The application is allowed.
Orders
- Harriet Muthoni Mugambi is substituted as the respondent in the 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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