Guya v Orinda (Suing as the Administrator of the Estate of Raphael Midhodho - Deceased) & 3 others; Odongo (Applicant) ((Legal Representative of the Estate of William Odongo Guya - Deceased)) (Civil Appeal (Application) E234 of 2023) [2025] KECA 462 (KLR) (7 March 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 462
- Citation
- [2025] KECA 462 (KLR)
- Decided
- 7 March 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for substitution of deceased party in an appealCoramWK KORIR
Holding
The application for substitution is allowed as it was brought within 12 months of the appellant's death.
Facts
William Odongo Guya died on February 5, 2024, and Judith Atieno Odongo, his legal representative, sought to be substituted in his place in the appeal.
Issues
- Whether the application for substitution of the deceased appellant within 12 months of his death is valid under Court of Appeal Rules.
- Whether the appeal should abate due to the death of the appellant.
Reasoning
The Court of Appeal Rules provide that an appeal shall not abate on the death of the appellant or respondent, and the Court shall cause the legal representative of the deceased person to be made a party in place of the deceased. The applicant has obtained a grant of letters of administration ad litem, and the application was brought within the prescribed 12 months.
Outcome
Judgment in favor of the applicant, allowing the substitution of the deceased appellant.
Orders
- Judith Atieno Odongo is substituted for the deceased William Odongo Guya in the appeal.
- No order as to the costs of the application.
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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