Otipia v Wakungwi alias Mwanaisha Kunani Akungwi & 4 others; Ofisi (Interested Party) (Civil Appeal (Application) E248 of 2022) [2026] KECA 193 (KLR) (30 January 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 193
- Citation
- [2026] KECA 193 (KLR)
- Decided
- 30 January 2026
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for substitution of the appellant in an appealCoramHA OMONDI
Holding
The application for substitution of the appellant is allowed. The late Joseph Osundwa Otipa shall be substituted with Justine Otipa Otipa as the appellant.
Facts
The appellant, Joseph Osundwa Otipa, passed away while an appeal was pending. His son, Justine Otipa Otipa, intends to substitute his father in the appeal.
Issues
- Whether the applicant's family should vacate the land they have occupied over the years.
- Whether the appeal abated due to the appellant's death and whether the application for substitution should be allowed.
Reasoning
The Court ruled that the appeal did not abate due to the appellant's death, as Rule 102(3) of the Court of Appeal Rules provides a way to revive the appeal if the legal representative was prevented from continuing the appeal by sufficient cause.
Outcome
The appeal is revived and the appellant is substituted with his son.
Orders
- The late Joseph Osundwa Otipa shall be substituted with Justine Otipa Otipa as the appellant.
Remedies
- The costs shall be in the cause.
Authorities cited
Legislation (2)
- Court of Appeal Rules
- Appellate Jurisdiction Act
Cases cited (3)
- Said Swellem Gheithan Saanum v the Attorney General and 5 Others Malindi CA No. 16 of 2015
- CKM v ENM & another (Civil Appeal 250 of 2019) [2024] KECA 293 (KLR)
- Njoroge & another v Kamau (Deceased) & another (Civil Appeal (Application) E051 of 2019) [2024] KECA 806 (KLR)
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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