Saikwa (Suing as the Personal Representative of the Estate of Andrew Kisa Saikwa) v Vomorono Limited & 7 others (Civil Appeal (Application) E303 of 2021) [2026] KECA 493 (KLR) (13 March 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 493
- Citation
- [2026] KECA 493 (KLR)
- Decided
- 13 March 2026
The application is allowed in terms of prayers 2 and 3 thereof. Each party shall bear its costs.
Facts
The deceased, Andrew Kisa Saikwa, died on 19th June 1985. Moses Kiplangat Saikwa, deceased, filed Civil Appeal No. E303 of 2021 as his legal representative. The appellant, Moses Kiplangat Saikwa, died on 17th February 2024 while the appeal was pending. The 4th applicant was appointed as the legal representative of the appellant, but her application to be substituted as the appellant in the appeal was dismissed.
Issues
- Whether the application is res judicata
- Whether the application is an abuse of the process of the court
- Whether the application is timely
Reasoning
The court finds no merit in the objection to the application as the previous application was dismissed for non-joinder of parties, not on merit. The application is not res judicata. The court also finds merit in the application as the applicants are the proper parties to be substituted in the appeal in place of the appellant.
Outcome
Application allowed
Orders
- Application for substitution of the deceased appellant in the appeal is allowed
Remedies
- Each party shall bear its costs
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