Gitonga & 2 others v Machakos Ranching Company Limited (Civil Appeal (Application) 103 of 2017) [2022] KECA 155 (KLR) (18 February 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 155
- Citation
- [2022] KECA 155 (KLR)
- Decided
- 18 February 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureApplication under Rule 99 of the Court of Appeal Rules, 2010 for substitution of the 2nd appellant in Civil Appeal No. 103 of 2017CoramHM OKWENGU
Holding
The motion for substitution is granted as prayed.
Facts
The deceased, Wambua Mwithi Kilovoo, died on 7th February, 2021. The applicant, Monica Kanini Wambua, obtained a Limited Grant Ad Litem on 9th August, 2021 to proceed with the appeal.
Issues
- Whether the applicant can be substituted as a personal representative of the deceased in the appeal.
- Whether the respondent's failure to file a reply constitutes a waiver of their right to object.
Reasoning
The respondent did not file a reply to the applicant's motion, and the motion is granted.
Outcome
The motion for substitution is granted.
Orders
- The applicant Monica Kanini Wambua is substituted as a personal representative of the deceased Wambua Mwithi Kilovoo in the appeal.
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.
Loading judgment…