Tichu & 16 others v Ikere & 3 others (Sued jointly as administrators of the Estate of Ikere Gateau- (Deceased) & 2 others (Civil Application E023 of 2021) [2024] KECA 823 (KLR) (12 July 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 823
- Citation
- [2024] KECA 823 (KLR)
- Decided
- 12 July 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureAppellant seeks substitution of deceased party as legal representative of the estateCoramF. SICHALE, JA
Holding
The motion is allowed, and David Wainaina Kamau is substituted as the legal representative of the deceased's estate.
Facts
The deceased (Kamau Tichu) died on 10th November 2022, and his son (David Wainaina Kamau) filed an application for substitution under Rule 99(1) of the Court of Appeal Rules.
Issues
- Whether the death of the appellant (Kamau Tichu) abates the appeal
- Whether the applicant (David Wainaina Kamau) is entitled to be substituted as the legal representative of the deceased's estate
Reasoning
The Court ruled that the appeal shall not abate on the death of the appellant and that the Court shall cause the legal representative of the deceased to be made a party in place of the deceased on application.
Outcome
The motion is allowed.
Orders
- David Wainaina Kamau be substituted in place of Kamau Tichu (now deceased) as the legal representative of the Estate of the 1st appellant.
- Costs of this application be provided for.
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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