Mose & another v Co-operative Bank of Kenya (Civil Appeal (Application) 338 of 2019) [2022] KECA 1257 (KLR) (7 November 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 1257
- Citation
- [2022] KECA 1257 (KLR)
- Decided
- 7 November 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment and decree of the High Court of KenyaCoramLK KIMARU, Makau
Holding
The application is without merit and is hereby dismissed but with no orders as to costs.
Facts
Onesmus Omwenga Maroko, the respondent in the appeal, died on 6th August, 2021. Mary Kemuma Mose and Esther Shanice Omwenga, the applicants, obtained a limited grant of Letters of Administration Ad Litem on 26th January, 2022 for the purpose of substituting the respondent in this appeal.
Issues
- Whether the application for substitution was made within the prescribed time frame under Rule 102(1) of the Court of Appeal Rules, 2022.
- Whether the application for substitution was predicated on the Civil Procedure Rules instead of the Rules of this Court.
Reasoning
The application was lodged after the appeal had abated since no application to substitute the deceased was made within twelve (12) months from the date of the deceased’s death as provided under Rule 102(1) of the Court of Appeal Rules, 2022.
Outcome
Appeal dismissed
Remedies
- The applicants are at liberty to file an appropriate application for revival of the appeal under Rule 102(3) of the Court of Appeal Rules, 2022.
Authorities cited
Legislation (2)
- Court of Appeal Rules, 2022
- Civil Procedure Rules
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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