M’rintari v M’rintari (Civil Appeal (Application) 74 of 2018) [2025] KECA 2230 (KLR) (19 December 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 2230
- Citation
- [2025] KECA 2230 (KLR)
- Decided
- 19 December 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureApplication for substitution and reinstatement of the appealCoramALI-ARONI
Holding
The application is allowed, and the applicant and his sister are substituted in place of the deceased. The appeal is also revived.
Facts
The deceased appellant, M'Muguna M'rintari, died on 25th June 2023. His children, including the applicant, were unaware of the ongoing appeal until after his death. Family issues arose, and it took time to resolve these before the applicant and his sister could seek to be substituted and the appeal revived.
Issues
- Whether to allow substitution and revival of the appeal
- Whether the applicant provided sufficient reasons for the delay
Reasoning
The court finds that the applicant provided a reasonable explanation for the delay due to family issues and the need to obtain a grant of letters of administration. The court considers the delay acceptable given the circumstances.
Outcome
The application is granted.
Orders
- The applicant and his sister are substituted in place of the deceased
- The appeal is revived
- The appeal is listed for hearing in the next term
Remedies
- Substitution of the applicant and his sister in place of the deceased
- Revival of the appeal
Authorities cited
Legislation (2)
- Civil Procedure Rules 2022
- Court of Appeal Rules 2022
Cases cited (2)
- Njoroge & Another vs. Kamau (Deceased) (Civil Appeal (Application) E051 of 2019) [2024] KECA 806 (KLR)
- Ngari vs. Murithi (Deceased) Substituted by Wanjira Ngari & Another (Civil Appeal (Application) 140 of 2018) [2025] KECA 358
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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