Elias v Njoka; Njeru (Proposed Respondent) (Civil Appeal (Application) 10 of 2020) [2025] KECA 952 (KLR) (9 May 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 952
- Citation
- [2025] KECA 952 (KLR)
- Decided
- 9 May 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureReference to the full court from a single judge's decisionCoramS. ole KANTAI, J. LESIIT, ALI-ARONI, JJA
Holding
The appeal has not abated against the other twenty (20) respondents, and the appellant is at liberty to pursue the appeal against them.
Facts
Elias v Njoka; Njeru (Proposed Respondent) (Civil Appeal (Application) 10 of 2020) was an appeal from a ruling by Muchelule, JA., which sought to substitute the name of Faustino Njeru Njoka with that of his widow, Jecinta Kiura Njeru, as the 1st respondent.
Issues
- Whether the appeal abated due to the death of the 1st respondent
- Whether the widow of the deceased can be substituted as the 1st respondent in the appeal
Reasoning
The court found that the appeal did not abate against the deceased respondent, but only against the deceased party. The widow of the deceased can be substituted as the 1st respondent in the appeal.
Outcome
The appeal against the other twenty (20) respondents remains active.
Orders
- The appellant is at liberty to pursue the appeal against the other twenty (20) respondents
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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