Kiragu & another v Kenya National Highways Authority (Civil Appeal (Application) 83 of 2019) [2025] KECA 650 (KLR) (9 April 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 650
- Citation
- [2025] KECA 650 (KLR)
- Decided
- 9 April 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for substitution of legal representativeCoramWK KORIR
Holding
The preliminary objection is dismissed, and the application for substitution is allowed.
Facts
The 2nd appellant, Herman Ngari Kirika, passed away on 20th December 2021. The applicant, Jane Wandia Kiiru, seeks to substitute him as the legal representative of the estate in the ongoing appeal.
Issues
- Whether the application for substitution is brought under the wrong rules
- Whether the court has jurisdiction to hear the application
Reasoning
The court finds that the application was brought within the prescribed time and that the court has jurisdiction to hear the application. The applicant is allowed to substitute the deceased as the 2nd appellant.
Outcome
The application for substitution is allowed.
Orders
- Allowing the applicant (Jane Wandia Kiiru) to substitute the deceased (Herman Ngari Kirika) as the 2nd appellant in the appeal
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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