Nkoimo (Suing as the Legal Representative of the Estate of Stanley Lemoiyo Nkoimo (Deceased)]) v Asanyo & 4 others (Civil Application E005 of 2024) [2025] KECA 1649 (KLR) (9 October 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1649
- Citation
- [2025] KECA 1649 (KLR)
- Decided
- 9 October 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for substitution pending an intended appealCoramMA WARSAME, Oduunga, Washe
Holding
The application for substitution is allowed, and John Maisoni Nkoimo is substituted as the applicant.
Facts
The original applicant, Angeline Nkoimo, died on 4th April 2025, shortly before this Court allowed an application for extension of time to file a reference against a single judge's decision dated 12th April 2024.
Issues
- Death of the original applicant
- Substitution of the applicant
Reasoning
The circumstances of the case fall within the ambit of Rule 87(1) of the Court of Appeal Rules 2022, which allows the substitution of the deceased applicant's legal representative.
Outcome
The application is allowed.
Orders
- The reference allowed by this Court on 15th May 2025 shall proceed with the substituted applicant with no orders 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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