Government of the United States of America v Githongo (Deceased); Githongo & 3 others (Intended Respondent) (Civil Appeal (Application) 27 of 1999) [2023] KECA 179 (KLR) (17 February 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 179
- Citation
- [2023] KECA 179 (KLR)
- Decided
- 17 February 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureApplication for substitution of respondent and execution of transfer documentsCoramHM OKWENGU
Holding
The application is referred to a full bench due to the nature of the orders sought and the circumstances of the case.
Facts
The applicant seeks to substitute the legal representatives of the estate of Joseph Muiruri Githongo for the deceased in a civil appeal and to execute transfer documents for certain properties.
Issues
- Substitution of the deceased respondent in the civil appeal
- Execution of transfer documents for the suit properties
Reasoning
The application is not for a stay of execution and is not within the jurisdiction of a single judge. The orders sought are ancillary to a full bench's decision and need to be reviewed by a full bench.
Outcome
The application is referred to a full bench.
Authorities cited
Legislation (4)
- Appellate Jurisdiction Act
- Civil Procedure Act
- 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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