In Re Estate of Hussein Mwanza Etokho (Deceased) (Civil Appeal (Application) 36 of 2016) [2025] KECA 1696 (KLR) (21 October 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1696
- Citation
- [2025] KECA 1696 (KLR)
- Decided
- 21 October 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for substitution in an abated appealCoramMS ASIKE-MAKHANDIA
Holding
The application is dismissed with costs to the respondent. The applicants are required to seek the revival of the abated appeal first.
Facts
The deceased, Hussein Mwanza Etokho, died on December 4, 2023. The applicants, Abdalla Anabaswa Mwanza, Yusuf Otochi Mwanza, and Adam Siro Mwanza, sought to be substituted in the appeal in the deceased's place.
Issues
- Whether the applicants can be substituted in the appeal due to the death of the deceased
- Whether the substitution is necessary due to the pending bill of costs against the respondent
Reasoning
The Court held that the appeal abated automatically by operation of law after one year of the deceased's death without an application for substitution. The Court emphasized that substitution must be made within one year of the death of a party to an appeal.
Outcome
Application dismissed
Orders
- Application dismissed with costs to the respondent
Authorities cited
Legislation (3)
- Civil Procedure Act 2010
- Appellate Jurisdiction Act
- Constitution 2010
Cases cited (4)
- Sweilem Gheithan v Commissioner of Lands & 5 others [2015] eKLR
- Rebecca Mijide Mungole & another v Kenya Power & Lighting Company Limite & 2 others [2017] eKLR
- Mbaya Ngulwa v Kenya Power Lighting Company Limited [2018] eKLR
- Soni v Mohan Dairy [1963] EA 98
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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