Tome & another v Ole Tome & another (Civil Appeal (Application) E359 of 2023) [2026] KECA 426 (KLR) (6 March 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 426
- Citation
- [2026] KECA 426 (KLR)
- Decided
- 6 March 2026
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureApplication for substitution of deceased party in an appealCoramL. NJUGUNA
Holding
The Court allows the application for substitution, and costs shall abide the outcome of the appeal.
Facts
Mrs. Gerishon Ole Tome died on 23rd May 2025, and her son, Harun Sankale Tome, seeks to be substituted as the 2nd appellant in her place.
Issues
- Whether the application for substitution is an abuse of the court process.
- Whether the appeal shall abate due to the delay in filing the application.
Reasoning
The Court considers the delay not excessive and allows the application as the Estate had not agreed on the administrators. The right to be heard under Article 50 of the Constitution outweighs the prejudice.
Outcome
Application allowed
Orders
- Allow the application for substitution of the deceased party 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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